Supreme Court

Case: 20-0682    
20-0682
09/02/2020
Petition for Review originally filed as 53.7(f)
SUNCHASE IV HOMEOWNERS ASSOCIATION, INC. AND BOARD 
DAVID ATKINSON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/09/2021Brief on the MeritsPetitioner's Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of Sunchase IV Homeowners Association, Inc. and Board.
12/09/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Community Associations Institute, submitted by Frank O. Carroll III, et al, of Winstead PC, Houston, Texas.
11/09/2021Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of David Atkinson.
08/18/2021Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Sunchase IV Homeowners Association, Inc. and Board.
03/04/2021Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Sunchase IV Homeowners Association, Inc. and Board.
02/10/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of David Atkinson.
10/05/2020Petition for ReviewPetitioner Petition for Review filed on behalf of Sunchase IV Homeowners Association, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/11/2020Supreme Court of Texas Requested Response  Requested response to petition for review due no later than January 11, 2021.
12/09/2021Brief on the Merits  Petitioner's Reply Brief on the Merits filed on behalf of Sunchase IV Homeowners Association, Inc. and Board.
12/09/2021Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Community Associations Institute, submitted by Frank O. Carroll III, et al, of Winstead PC, Houston, Texas.
11/22/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due no later than December 9, 2021.
11/19/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Sunchase IV Homeowners Association, Inc and Board.
11/10/2021Motion for Extension of Time disposed.Filing granted Unopposed Third Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits was timely filed November 9, 2021. Petitioner's Reply Brief on the Merits is due November 24, 2021.
11/10/2021Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension for Extension of Time to file Respondent's Brief on the Merits filed on behalf of David Atkinson.
11/10/2021Electronic communication sent to Party  Email sent to respondent requesting motion for extension of time to file respondent's brief on the merits.
11/10/2020Case forwarded to Court 
11/09/2021Brief on the Merits  Respondent's Brief on the Merits filed on behalf of David Atkinson.
10/05/2020Petition for Review  Petition for Review filed on behalf of Sunchase IV Homeowners Association, Inc., et al.
09/30/2021Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due November 8, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief on the Merits is due November 23, 2021.
09/30/2021Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of David Atkinson.
09/14/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time granted. Response Brief is due by October 7, 2021. Reply Brief is due by October 22, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/14/2021Motion for Extension of Time to File Response  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of David Atkinson.
09/14/2021Call received  Call received from respondent regarding status of the case.
09/03/2020Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than October 5, 2020.
09/03/2020Electronic communication received from Party  Respondent is unopposed to motion for extension of time to file petition for review.
09/03/2020Electronic communication sent to Party  Email sent to respondent to determine if they are opposed or unopposed to the motion for extension of time to file petition for review.
09/03/2020Court reporter/recorder's record 
09/03/2020Court reporter/recorder's record 
09/03/2020Clerk's Record 
09/03/2020Supplement to Clerk's/Reporter's Record 
09/02/2020Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Sunchase IV Homeowners Association, Inc., et al.
08/18/2021Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Sunchase IV Homeowners Association, Inc. and Board.
07/12/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due August 18, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due September 7, 2021. Reply Brief is due September 22, 2021.
07/12/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Sunchase IV Homeowners Association, Inc. and Board.
06/18/2021Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 19, 2021; Response brief due August 9, 2021; Reply brief due August 24, 2021.
05/12/2022Mandate issued  Mandate & Cost Bill Issued
04/08/2022Court approved judgment sent to attorneys of recordIssued
04/08/2022Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Per Curiam Opinion (Justice Lehrmann not participating)
(4/8/2022 11:23:08 AM) 200682pc.pdf, 20-0682.jmt.pdf
04/08/2022Petition for Review disposedPetition granted pursuant to TRAP 59.1
04/08/2022Petition for Review granted under TRAP 59.1 
03/04/2021Reply to Response  Reply in Support of Petition for Review filed on behalf of Sunchase IV Homeowners Association, Inc. and Board.
02/23/2021MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review granted. Reply due March 4, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/23/2021Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Sunchase IV Homeowners Association, Inc., et al.
02/10/2021Response to Petition  Response to Petition for Review filed on behalf of David Atkinson.
01/08/2021Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Response due February 10, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/07/2021Electronic communication sent to Party  Email exchange with counsel for petitioners stating they are unopposed to the Motion for Extension of Time.
01/07/2021Motion for Extension of Time to File Response  Opposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of David Atkinson.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/12/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Atkinson, DavidRespondentMr. Denis A. Downey
Community Associations InstituteAmicus CuriaeMr. Frank O. Carroll III
Mr. Alexander Shin Valdes
Sunchase IV Homeowners Association, Inc.PetitionerMs. Natasha Taylor
Mr. Benigno (Trey) Martinez III
Mr. R. Russell Hollenbeck
Mr. Ricardo Garza Benavides
Sunchase IV Homeowners Association, Inc. Board of DirectorsPetitionerMr. Ricardo Garza Benavides
Ms. Natasha Taylor
Mr. Benigno (Trey) Martinez III
Mr. R. Russell Hollenbeck
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
___ SW3d ___, 04-30-20 
13th Court of Appeals 
Honorable Jaime E. Tijerina 
Trial Court Information
404th District Court 
Cameron 
Honorable Elia Cornejo-Lopez 
2013-DCL-7453-G