Supreme Court

Case: 21-0072    
21-0072
01/21/2021
Petition for Review/Cause under Tex. R. App. P. 59.1
TAYLOR MORRISON OF TEXAS, INC. AND TAYLOR WOODROW COMMUNITIES-LEAGUE CITY, LTD. 
ANDREW KOHLMEYER AND APRIL KOHLMEYER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/17/2023Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Andrew Kohlmeyer, et al.
09/22/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Taylor Morrison of Texas Inc., et al.
08/08/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Andrew Kohlmeyer, et al.
07/18/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Taylor Morrison of Texas, Inc., et al.
06/02/2022Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Taylor Morrison of Texas, Inc., et al.
05/18/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Andrew Kohlmeyer, et al.
02/11/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from Texas Association of Builders, submitted by Manuel Muñoz, Jr. and Elana S. Einhorn of Austin, Texas.
12/22/2021Petition for ReviewPetitioner Petition for Review filed on behalf of Taylor Morrison of Texas, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/01/2023Mandate issued  Mandate & Cost Bill Issued
09/01/2023Motion for Rehearing - DisposedDenied
07/17/2023Case forwarded to Court 
07/17/2023Motion for Rehearing  Motion for Rehearing filed on behalf of Andrew Kohlmeyer, et al.
06/30/2023Court approved judgment sent to attorneys of recordIssued
06/30/2023Opinion issuedCourt of Appeals' judgment reversed in part, rendered in part, and remanded to trial court 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, renders judgment in part, and remands the case to the trial court. Per Curiam Opinion
(6/30/2023 3:07:15 PM) 210072pc.pdf, 21-0072.jmt.pdf
06/30/2023Petition for Review disposedPetition granted pursuant to TRAP 59.1
06/30/2023Petition for Review granted under TRAP 59.1 
03/20/2023Letter Filed  Letter filed on behalf of Andrew Kohlmeyer, et al.
03/09/2023Letter Filed  Letter filed on behalf of Taylor Morrison of Texas, Inc., et al.
09/22/2022Reply Brief  Reply Brief on the Merits filed on behalf of Taylor Morrison of Texas Inc., et al.
08/18/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Reply Brief on the Merits granted. Reply Brief is due September 22, 2022. Further requests for extensions of time for this filing will be disfavored.
08/18/2022Motion for Extension of Time filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Taylor Morrison of Texas Inc., et al.
08/08/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Andrew Kohlmeyer, et al.
07/18/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Taylor Morrison of Texas, Inc., et al.
06/17/2022Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 18, 2022; Response brief due August 8, 2022; Reply brief due August 23, 2022.
06/02/2022Reply to Response  Reply in Support of Petition for Review filed on behalf of Taylor Morrison of Texas, Inc., et al.
05/18/2022Response to Petition  Response to Petition for Review filed on behalf of Andrew Kohlmeyer, et al.
04/22/2022Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Andrew and April Kohlmeyer.
04/22/2022Motion for Extension of Time to File Response disposedFiling granted Unopposed Second Motion for Extension of Time to file Response to Petition for Review is granted. Response is due no later than May 18, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/25/2022Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Response is due April 27, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/25/2022Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Andrew and April Kohlmeyer.
02/25/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later than March 28, 2022.
02/11/2022Amicus Curiae Brief received  Amicus Brief received from Texas Association of Builders, submitted by Manuel Muñoz, Jr. and Elana S. Einhorn of Austin, Texas.
01/25/2022Case forwarded to Court 
12/22/2021Petition for Review  Petition for Review filed on behalf of Taylor Morrison of Texas, Inc., et al.
11/19/2021Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review granted. No further extensions of time will be considered. Petition for Review is due no later than December 22, 2021.
11/19/2021Electronic communication received from Party  Respondent is opposed to the third motion for extension of time to file petition for review, but will not file a written response.
11/19/2021Electronic communication sent to Party  Email sent to respondent to determine if they will file a written response in opposition to the third motion for extension of time to file petition for review.
11/18/2021Third Motion for Extension of Time to File Petition for Review filed  Third Motion for Extension of Time to file Petition for Review filed on behalf of Taylor Morrison of Texas, Inc., et al.
10/19/2021Second Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due November 22, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/19/2021Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Taylor Morrison of Texas, Inc. et al.
10/08/2021Notice of Appearance  Notice of Appearance of Kurt Kuhn filed on behalf of Taylor Morrison of Texas, Inc., et al.
09/22/2021Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due October 22, 2021.
09/22/2021Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated  Motion for Extension of Time to file Petition for Review is reinstated.
09/22/2021Abatement Order Lifted  Abatement order issued January 25, 2021 is lifted.
09/07/2021Phone call from Clerk's Office  Call made to counsel for Petitioner regarding abatement order.
09/07/2021Call received  Call received from counsel for Petitioner regarding abatement.
08/19/2021Letter Filed  Letter filed on behalf of Taylor Morrison of Texas, Inc.
01/25/2021Order of the Court IssuedMatter in Supreme Court of Texas Abated The case is removed from the Court's active docket. It is the parties' responsibility to immediately notify this Court once the court of appeals' decision is final.  See TEX. R. APP. P. 53.7(a).
01/25/2021Motion for Extension of Time to File Petition for Review disposedMatter in Supreme Court of Texas Abated Motion for Extension of Time to file Petition for Review is ABATED.
01/21/2021Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Taylor Morrison of Texas, Inc.
01/21/2021Court reporter/recorder's record 
01/21/2021Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/01/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Kohlmeyer, AprilRespondentMr. Dax O. Faubus
Texas Association of BuildersAmicus CuriaeMr. Manuel (Ned) Munoz, Jr.
Ms. Elana S. Einhorn
Taylor Morrison of Texas, Inc.PetitionerMr. James Watts Rudnicki
Mr. Kurt Kuhn
Mr. Carl J. Wilkerson
Taylor Woodrow Communities-League City, Ltd.PetitionerMr. Kurt Kuhn
Mr. James Watts Rudnicki
Mr. Carl J. Wilkerson
Kohlmeyer, AndrewRespondentMr. Dax O. Faubus
Court of Appeals Information:
Affirmed  
634 SW3d 297, 08-17-21 
1st Court of Appeals 
Honorable Peter Kelly 
Trial Court Information
10th District Court 
Galveston 
Honorable Kerry Lane Neves 
18-CV-1285