Supreme Court

Case: 21-0159    
21-0159
02/12/2021
Petition for Review/Cause under Rule 53.1
MOSAIC BAYBROOK ONE, L.P.; MOSAIC BAYBROOK TWO, L.P.; AND MOSAIC RESIDENTIAL, INC. 
PAUL SIMIEN 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/02/2023Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Texas Civil Justice League submitted by George S. Christian of Austin, Texas.
07/11/2023Amicus Curiae Brief receivedReceived (instead of filed) Withdrawn
07/07/2023Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Mosaic Baybrook One, L.P., et al.
03/03/2023Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Mosaic Baybrook One, L.P., et al.
04/04/2022Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., et al.
01/18/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Paul Simien.
12/27/2021Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., Mosaic Baybrook Two, L.P., and Mosaic Residential, Inc.
08/10/2021Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
07/19/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of Paul Simien.
05/03/2021Petition for ReviewPetitioner Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/29/2023Motion to dismiss disposedDenied Motion to Dismiss denied
09/29/2023Mandate issued  Mandate & Cost Bill Issued
09/29/2023Motion for Rehearing - DisposedDenied
08/11/2023Reply to Response to Motion  Reply to Response to Motion to Dismiss filed on behalf of Mosaic Baybrook One, L.P., et al.
08/02/2023Letter Filed  Letter filed on behalf of Mosaic Baybrook One, L.P., et al.
08/02/2023Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Texas Civil Justice League submitted by George S. Christian of Austin, Texas.
07/31/2023Response to Motion filed  Response to Motion to Dismiss filed on behalf of Paul Simien.
07/12/2023Electronic communication received from Party  Electronic communication treated as motion to withdraw amicus brief.
07/12/2023Call received  Call received from counsel for Respondent regarding amicus curiae brief.
07/12/2023Supreme Court of Texas Requested Response  Requested response to Motion to Dismiss due no later than 5:00 p.m., August 2, 2023.
07/11/2023Amicus Curiae Brief received  Withdrawn
07/10/2023Case forwarded to Court 
07/07/2023Motion to dismiss  Motion to Dismiss filed on behalf of Mosaic Baybrook One, L.P., et al.
07/07/2023Motion for Rehearing  Motion for Rehearing filed on behalf of Mosaic Baybrook One, L.P., et al.
06/08/2023Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing. No further extensions of time will be considered. Motion for Rehearing is due no later than July 7, 2023.
06/08/2023Electronic communication received from Party  Respondent is unopposed to second motion for extension of time to file motion for rehearing.
06/08/2023Electronic communication sent to Party  Email sent to respondent to determine if they are opposed or unopposed to the second motion for extension of time to file motion for rehearing.
06/07/2023Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Mosaic Baybrook One, L.P., et al.
05/02/2023Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due June 7, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/02/2023Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Mosaic Baybrook One, L.P. et al.
04/21/2023Court approved judgment sent to attorneys of recordIssued
04/21/2023Dissenting opinion issued.Issued Justice Bland filed a dissenting opinion, in which Chief Justice Hecht, Justice Blacklock, and Justice Huddle joined.
04/21/2023Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Busby delivered the opinion of the Court, in which Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Young joined.
(4/21/2023 4:45:16 PM) 190612 & 210159.pdf, 190612 & 210159d.pdf, 19-0612&21-0159.jmt.pdf
03/03/2023Post submission brief filed  Post-Submission Letter Brief filed on behalf of Mosaic Baybrook One, L.P., et al.
09/21/2022Oral argument   Argued on behalf of Petitioners by Dylan B. Russell; Argued on behalf of Respondents by Russell Post
09/16/2022Submission Schedule 
09/12/2022Letter Filed  Letter filed on behalf of Paul Simien.
09/08/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Paul Simien. Oral Argument will be presented by Russell Post of Beck Redden LLP, of Houston, Texas.
08/12/2022Oral Argument Submission Form from Attorney received  Petitioners's Oral Argument Submission Form received on behalf of Mosaic Baybrook One, L.P., et al. Oral Argument will be presented by Dylan B. Russell of Hoover Slovacek LLP, of Houston, Texas.
06/27/2022Letter Filed  Letter filed on behalf of Mosaic Baybrook One, L.P. et al.
06/24/2022Case set for oral argumentCase set for oral argument Consolidated for oral argument with 19-0612 and 21-0161.  This case has been set for oral argument at 9:00 a.m., September 21, 2022.  Time allotted to argue: 30/30 minutes
06/03/2022Petition for Review disposedFiling granted
06/03/2022Petition for Review granted 
04/04/2022Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., et al.
03/04/2022Motion for Extension of Time disposed.Filing granted Opposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief on the Merits is due April 4, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/03/2022Electronic communication sent to Party  Email sent to counsel for Respondent regarding motion for extension of time to file Reply Brief on the Merits.
03/03/2022Motion for Extension of Time to File Brief filed  Opposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., et al.
02/02/2022Motion 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 March 4, 2022.
02/01/2022Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P. et al.
01/18/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Paul Simien.
12/27/2021Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., Mosaic Baybrook Two, L.P., and Mosaic Residential, Inc.
11/17/2021Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due December 27, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Respondent's Brief on the Merits is due January 18, 2022. Reply Brief on the Merits is due February 2, 2022.
11/17/2021Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., et al.
10/21/2021Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief on the Merits is due November 24, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondents' Brief on the Merits is due December 14, 2021. Petitioners' Reply Brief on the Merits is due December 29, 2021.
10/21/2021Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., et al.
09/24/2021Brief on the Merits Ordered  Brief on the merits requested: Petitioner brief due no later than October 25, 2021; Response brief due November 15, 2021; Reply brief due November 30, 2021.
08/10/2021Reply to Response  Reply in support of Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
08/03/2021MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Response to Petition for Review granted. Reply is due September 2, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/03/2021Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to File Reply to Response to Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
07/19/2021Response to Petition  Response to Petition for Review filed on behalf of Paul Simien.
06/18/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than July 19, 2021.
05/18/2021Case forwarded to Court 
05/12/2021Response Waiver filed  Response Waiver filed on behalf of Paul Simien.
05/03/2021Petition for Review  Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
04/21/2021Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due May 3, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
04/20/2021Response to Motion for Extension of Time to File Petition for Review  Response to Third Motion for Extension of Time to file Petition for Review filed on behalf of Paul Simien, et al.
04/20/2021Electronic communication sent to Party  Email sent to counsel for Respondent to see if a response to the Third Motion for Extension of Time will be filed.
04/20/2021Third Motion for Extension of Time to File Petition for Review filed  Third Opposed Motion for Extension of Time to file Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
03/22/2021Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted. Petition for Review due April 19, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/19/2021Response to Motion for Extension of Time to File Petition for Review  Response to Second Motion for Extension of Time to file Petition for Review filed on behalf of Paul Simien
03/18/2021Electronic communication sent to Party  Email sent to counsel for respondent to determine if a response to the Motion for Extension of Time will be filed.
03/18/2021Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Mosiac Baybrook One, L.P., et al.
02/17/2021Motion 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 due March 18, 2021.
02/16/2021Response to Motion for Extension of Time to File Petition for Review  Response to Motion for Extension of Time to file Petition for Review filed on behalf of Paul Simien.
02/12/2021Electronic communication sent to Party  Email sent to counsel for respondents to determine if a response to the motion will be filed.
02/12/2021Motion for Extension of Time to File Petition for Review filed  Opposed Motion for Extension of Time to file Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
02/12/2021Clerk's Record 
02/12/2021Supplement to Clerk's/Reporter's Record 
02/12/2021Court reporter/recorder's record 
02/12/2021Supplement to Clerk's/Reporter's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/29/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Civil Justice League Amicus CuriaeMr. George S. Christian
Mosaic Residential, Inc.PetitionerMr. Dylan Russell
Mosaic Baybrook Two, L.P.PetitionerMr. Dylan Russell
Mosaic Baybrook One, L.P.PetitionerMr. Dylan Russell
Simien, PaulRespondentMr. Richard E. Norman
Mr. Joshua S. Smith
Mr. Britton D. Monts
Mr. Russell S. Post
Mr. Martin S. Schexnayder
Mr. R. Martin Weber Jr.
Mr. Jason Snell
Court of Appeals Information:
Affirmed  
646 SW3d 847, 09-22-20 
1st Court of Appeals 
Honorable Gordon Goodman 
Trial Court Information
133rd District Court 
Harris 
Honorable Jaclanel M. McFarland 
2017-08379