Supreme Court

Case: 20-0687    
20-0687
09/03/2020
Second Petition for Review/Cause under Rule 53.1
KENNETH L. BERRY, INDIVIDUALLY; KENNETH L. BERRY, AS TRUSTEE OF THE BERRY DYNASTY TRUST; KENNETH L. BERRY, TRUSTEE IN A DERIVATIVE CAPACITY FOR FLYING BULL RANCH, LTD.; AND CHELSEA NICHOLE BRIERS 
DENNIS W. BERRY; MARVIN G. BERRY; ALLEN L. BERRY; FB RANCH, LLC; BERRY GP, INC. D/B/A BERRY CONTRACTING, INC.; BERRY CONTRACTING, LP D/B/A BAY, LTD.; AND BERRY RANCHES, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/23/2022Exhibits in case/cause filedPetitioner Petitioners' Oral Argument Exhibits filed on behalf of Kenneth L. Berry, et al.
02/23/2022Exhibits in case/cause filedRespondent Respondent's Oral Argument Exhibits filed on behalf of Dennis W. Berry, et al.
11/23/2021Fully hyperlinked brief filedPetitioner Hyperlinked Petitioner's Reply Brief on the Merits filed on behalf Dennis W. Berry, et al.
11/22/2021Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Dennis W. Berry, et al.
11/22/2021Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Kenneth L. Berry, et al.
10/22/2021Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Dennis W. Berry, et al.
10/22/2021Brief on the MeritsRespondent Cross-Respondent's Brief on the Merits filed on behalf of Kenneth L. Berry, et al.
08/20/2021Fully hyperlinked brief filedEvent related to subsequent petition filed in case. Hyperlinked Version of Previously filed Document - Petitioner's Brief on the Merits filed on behalf of Dennis W. Berry, et al.
08/18/2021Brief on the MeritsEvent related to subsequent petition filed in case. Petitioner's Brief on the Merits filed on behalf of Dennis W. Berry, et al.
08/18/2021Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Kenneth L. Berry, et al.
02/11/2021Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Dennis W. Berry, et al.
01/20/2021Response to PetitionRespondent Response to Cross-Petition for Review filed on behalf of Kenneth L. Berry, et al.
01/12/2021Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Kenneth L. Berry.
12/16/2020Fully hyperlinked brief filedRespondent Hyperlinked Response to Petition for Review filed on behalf of Dennis W. Berry, et al.
12/11/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Dennis W. Berry, et al.
11/20/2020Petition for ReviewPetitioner Cross Petition for Review filed on behalf of Dennis W. Berry, et al.
10/21/2020Petition for ReviewPetitioner Petition for Review filed on behalf of Kenneth L. Berry, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/16/2020MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review granted. Further requests for extensions of time for this filing will be disfavored. Reply due January 12, 2021.
12/16/2020Motion 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 Kenneth L. Berry, et al.
12/16/2020Fully hyperlinked brief filed  Hyperlinked Response to Petition for Review filed on behalf of Dennis W. Berry, et al.
12/11/2020Phone call from Clerk's Office  Call made to counsel for respondents regarding Response to Cross- Petition for Review.
12/11/2020Response to Petition  Response to Petition for Review filed on behalf of Dennis W. Berry, et al.
12/11/2020Call received  Call received from respondents regarding Response to Cross Petition for Review.
12/03/2020Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Response due January 20, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/03/2020Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Cross-Petition for Review filed on behalf of Kenneth L. Berry, et al.
11/23/2021Fully hyperlinked brief filed  Hyperlinked Petitioner's Reply Brief on the Merits filed on behalf Dennis W. Berry, et al.
11/23/2020Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Response due December 10, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/22/2021Reply Brief  Reply Brief on the Merits filed on behalf of Dennis W. Berry, et al.
11/22/2021Reply Brief  Reply Brief on the Merits filed on behalf of Kenneth L. Berry, et al.
11/20/2020Call received  Call received regarding Motion for Extension of Time.
11/20/2020Petition for Review  Cross Petition for Review filed on behalf of Dennis W. Berry, et al.
11/13/2020Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Cross-Petition for Review granted. Petition due December 10, 2020.
11/12/2020Motion for Extension of Time to File Petition for Review #2 filed  Motion for Extension of Time to file Response to Cross-Petition for Review filed on behalf of Dennis W. Berry, et al.
11/03/2021Motion for Extension of Time disposed.Filing granted Agreed Motion for Extension of Time to file Reply Brief on the Merits granted.  Further requests for extensions of time will be disfavored.  Reply briefs are due no later than November 22, 2021.
11/02/2021Motion for Extension of Time to File Brief filed  Agreed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Kenneth L. Berry, et al.
10/22/2021Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Dennis W. Berry, et al.
10/22/2021Brief on the Merits  Cross-Respondent's Brief on the Merits filed on behalf of Kenneth L. Berry, et al.
10/21/2020Petition for Review  Petition for Review filed on behalf of Kenneth L. Berry, et al.
10/07/2021Motion for Extension of Time disposed.Filing granted Second Joint Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Respondents' Brief are due October 22, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Briefs are due November 8, 2021.
10/07/2021Motion for Extension of Time to File Brief filed  Second Joint Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Kenneth L. Berry, et al.
09/04/2020Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review granted. Petition for Review due October 21, 2020.
09/03/2020Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Kenneth L. Berry.
09/03/2020Supplement to Clerk's/Reporter's Record 
09/03/2020Court reporter/recorder's record 
08/30/2021Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Respondents' Briefs on the Merits is granted. Respondents' Briefs are due October 12, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Briefs are due October 27, 2021.
08/30/2021Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Kenneth L. Berry, et al.
08/20/2021Fully hyperlinked brief filed  Hyperlinked Version of Previously filed Document - Petitioner's Brief on the Merits filed on behalf of Dennis W. Berry, et al.
08/19/2021Call received  Call received from counsel regarding errant filing.
08/18/2021Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Dennis W. Berry, et al.
08/18/2021Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Kenneth L. Berry, et al.
07/14/2021Record Received (See Remarks) 
07/14/2021Call received  Call received from counsel for Petitioner regarding the record.
07/12/2022Mandate issued  Mandate & Cost Bill Issued
07/07/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Briefs on the Merits granted. Petitioners' Briefs due August 18, 2021. Response Briefs due September 7, 2021. Reply Briefs due September 22, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/06/2021Motion 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 Kenneth L. Berry, et al.
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.
05/26/2022Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due June 15, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/25/2022Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Kenneth L. Berry, et al.
05/13/2022Court approved judgment sent to attorneys of recordIssued
05/13/2022Opinion issuedIssued The Court affirms in part and reverses in part the court of appeals’ judgment and remands the case to the trial court. Justice Blacklock delivered the opinion of the Court.  (Justice Huddle and Justice Young not participating)
05/13/2022Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial court The Court affirms in part and reverses in part the court of appeals’ judgment and remands the case to the trial court. Justice Blacklock delivered the opinion of the Court. (Justice Huddle and Justice Young not participating)
(5/13/2022 11:27:03 AM) 200687.pdf, 20-0687.jmt.pdf
02/24/2022Oral argument   Argued on behalf of Petitioner by Santos Vargas; Argued on behalf of Respondent by Sarah Patel Pacheco (Justice Huddle and Justice Young not participating).
02/24/2022Oral argument   Argued on behalf of Petitioner by Santos Vargas; Argued on behalf of Respondent by Sarah Patel Pacheco (Justice Huddle and Justice Young not participating).
02/23/2022Exhibits in case/cause filed  Petitioners' Oral Argument Exhibits filed on behalf of Kenneth L. Berry, et al.
02/23/2022Exhibits in case/cause filed  Respondent's Oral Argument Exhibits filed on behalf of Dennis W. Berry, et al.
02/18/2022Submission Schedule  UPDATED Submission Schedule
02/16/2022Submission Schedule 
02/15/2022Call received  Call received from counsel for Respondent regarding attendance policies for oral arguments.
02/14/2022Letter sent to parties from Supreme Court - See Remarks  Additional information sent to parties regarding upcoming in-person oral arguments.  
02/11/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of FB Ranch, LLC, and Berry Ranches, LLC. Oral Argument will be presented by Sarah Patel Pacheco of Jackson Walker, LLP, Houston, Texas.
02/11/2021Reply to Response  Reply in support of Petition for Review filed on behalf of Dennis W. Berry, et al.
02/10/2022Oral Argument Submission Form from Attorney received  Petitioners' Oral Argument Submission Form filed on behalf of Kenneth L. Berry, et al. Oral Argument will be presented by Santos Vargas of Davis & Santos, PLLC, of San Antonio, Texas.
02/01/2022Notice from Counsel of a change in address  Notice of change of address of counsel filed on behalf of counsel for FB Ranch, et al.
01/28/2022Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 24, 2022. Time allotted to argue: 20/20 minutes (Justice Huddle and Justice Young not participating)
01/28/2022Petition for Review disposedFiling granted
01/28/2022Petition for Review granted 
01/28/2022Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 24, 2022. Time allotted to argue: 20/20 minutes (Justice Huddle and Justice Young not participating)
01/28/2022Petition for Review disposedFiling granted
01/28/2022Petition for Review granted 
01/28/2021MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review granted. Petition for Review due February 11, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/28/2021Motion 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 Dennis W. Berry, et al.
01/26/2021Case forwarded to Court 
01/26/2021Case forwarded to Court 
01/20/2021Response to Petition  Response to Cross-Petition for Review filed on behalf of Kenneth L. Berry, et al.
01/12/2021Reply to Response  Reply in support of Petition for Review filed on behalf of Kenneth L. Berry.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/12/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Berry Ranches, LLCRespondentMr. Joshua R. Flores
Mr. Gary E. Ramirez
Mr. Thomas Phillips
Ms. Sarah Patel Pacheco
FB Ranch, LLCRespondentMr. Thomas Phillips
Mr. Joshua R. Flores
Ms. Sarah Patel Pacheco
Mr. Gary E. Ramirez
Berry Contracting, LP d/b/a Bay, Ltd.RespondentMr. Gary E. Ramirez
  Ellen Springer
Mr. Thomas Phillips
Berry, Kenneth L.PetitionerMr. Kyle R. Sears
Mr. Santos Vargas  
Mr. Jason Murray Davis
Mr. Joshua J. Caldwell
Berry, Marvin G.RespondentMr. Travis Gray
Mr. Thomas Phillips
  Ellen Springer
Mr. Gary E. Ramirez
Berry, Allen L.RespondentMr. Thomas Phillips
  Ellen Springer
Mr. Gary E. Ramirez
Mr. Travis Gray
Briers, Chelsea NicolePetitionerMr. Robert J. Gonzalez
Mr. Kyle R. Sears
Berry, Dennis W.Respondent  Ellen Springer
Mr. Thomas Phillips
Mr. Gary E. Ramirez
Mr. Travis Gray
Berry GP, Inc. d/b/a Berry Contracting, Inc.RespondentMr. Travis Gray
  Ellen Springer
Mr. Thomas Phillips
Mr. Gary E. Ramirez
Kenneth L. Berry, IndividuallyPetitionerMr. Kyle R. Sears
Mr. Robert J. Gonzalez
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
640 SW3d 857, 03-05-20 
13th Court of Appeals 
Honorable Gina M. Benavides 
Trial Court Information
319th District Court 
Nueces 
Honorable David V. Stith 
2016-DCV-0104-G