Supreme Court

Case: 21-0492    
21-0492
06/11/2021
Petition for Review originally filed as 53.7(f)
BEVERLY SALVAGIO AND JAMES DAVID SALVAGIO 
NEW PENN FINANCIAL LLC D/B/A SHELLPOINT MORTGAGE SERVICING AND MTGLQ INVESTORS L.P. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/16/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Beverly Salvagio, et al.
05/04/2022Brief on the MeritsPetitioner Struck - Reply Brief on the Merits filed on behalf of James David Salvagio.
04/19/2022Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of New Penn Financial, LLC.
03/30/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of James David Salvagio.
11/16/2021Reply to Response to Petition filed Petitioner Reply in Response to Petition for Review filed on behalf of James David Salvagio and Beverly Salvagio.
11/01/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of New Penn Financial LLC, et al.
08/11/2021Petition for ReviewPetitioner Petition for Review filed on behalf of James David Salvagio and Beverly Salvagio.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
08/29/2022Notice sent to Court of Appeals 
06/29/2022Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due August 4, 2022.
06/29/2022Electronic communication sent to Party  Email sent to counsel for Respondents inquiring about Respondents' position on the Motion for Extension of Time to file Motion for Rehearing.
06/29/2022Phone call from Clerk's Office  Call made to counsel for Respondents.
06/28/2022Call received  Call received from Petitioner regarding filing.
06/28/2022Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of James David Salvagio.
06/28/2022Call received  Call received from Petitioner regarding deadline for Motion for Rehearing.
06/23/2022Call received  Call received from Petitioner regarding status of case.
06/17/2022Petition for Review disposedDenied
05/16/2022Reply Brief  Reply Brief on the Merits filed on behalf of Beverly Salvagio, et al.
05/05/2022Call received  Call received from Petitioner regarding status of case.
05/05/2022Call received  Call received from petitioner regarding reply brief on the merits struck for non-compliance with T.R.A.P. 9.4(i)(2)(C).
05/05/2022Document filed with Court struck (see remarks)Filed document is struck by the Court The Reply Brief on the Merits violates Texas Rules of Appellate Procedure 9.4(i)(2)(C) and is struck. A Redrafted Reply Brief is due no later than May 16, 2022.
05/04/2022Brief on the Merits  Struck - Reply Brief on the Merits filed on behalf of James David Salvagio.
04/22/2022Motion to substitute disposedFiling granted Respondents' Motion to Substitute Counsel granted. R. Martin Dungan substitutes former counsel Monica Summers since Ms. Summers is no longer at Akerman LLP
04/19/2022Brief on the Merits  Respondents' Brief on the Merits filed on behalf of New Penn Financial, LLC.
04/12/2022Response to Motion filed  Response to Motion to Substitute Counsel filed on behalf of James David Salvagio.
04/07/2022Call received  Call received from Petitioner regarding Motion filed.
04/07/2022Motion to Substitute filed  Opposed Motion to Substitute Counsel filed on behalf of New Penn Financial LLC, et al.
04/06/2022Call received  Call received from Petitioner regarding case.
03/30/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of James David Salvagio.
02/23/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief is due March 30, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due April 19, 2022. Reply Brief is due May 4, 2022.
02/23/2022Call received  Call received from Petitioner regarding motion.
02/23/2022Response to Motion filed  Response to Petitioner's Motion for Extension of Time to file Brief on the Merits filed on behalf of New Penn Financial LLC, et al.
02/22/2022Electronic communication received from Party  Respondent is opposed to motion for extension of time to file petitioner's brief on the merits and will file response no later than February 23, 2022.
02/22/2022Electronic 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 petitioner's brief on the merits.
02/22/2022Motion 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 James David Salvagio.
01/28/2022Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than February 28, 2022; Response brief due March 21, 2022; Reply brief due April 5, 2022.
11/19/2021Call received  Call received from petitioner regarding the status of the case.
11/16/2021Reply to Response to Petition filed   Reply in Response to Petition for Review filed on behalf of James David Salvagio and Beverly Salvagio.
11/02/2021Call received  Call received from counsel for Respondent regarding struck document.
11/02/2021Call received  Call received from counsel for Respondent to inquire about struck document.
11/02/2021Call received  Call received from Petitioner inquiring about deadline to file Reply.
11/01/2021Response to Petition  Response to Petition for Review filed on behalf of New Penn Financial LLC, et al.
10/01/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than November 1, 2021.
08/31/2021Case forwarded to Court 
08/26/2021Response Waiver filed  Response Waiver filed on behalf of New Penn Financial LLC, et al.
08/11/2021Petition for Review  Petition for Review filed on behalf of James David Salvagio and Beverly Salvagio.
07/13/2021Corrected Notice sent to all counsel  Corrected notices sent to all counsel.
07/09/2021Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due August 11, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
07/09/2021Electronic communication received from Party  Email received from counsel for Respondent.
07/09/2021Electronic communication sent to Party  Email sent to counsel for Respondent regarding 2nd Motion for Extension of Time.
07/09/2021Second 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 James David Salvagio.
06/18/2021Motion for Extension of Time to File Petition for Review disposedFiling granted in part Motion for Extension of Time to file Petition for Review granted in part. Petition for Review is due July 12, 2021.
06/15/2021Call received  Call from Petitioner stating that fee will be sent to Court.
06/14/2021Notice requesting filing fee 
06/14/2021Court reporter/recorder's record 
06/14/2021Clerk's Record 
06/14/2021Clerk's Record 
06/11/2021Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of James David Salvagio.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/29/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Salvagio, James DavidPetitionerJames David Salvagio
Mr. Wyatt David Snider
Salvagio, BeverlyOther interested party Mr. Wyatt David Snider
New Penn Financial LLCRespondentMr. R. Martin Dungan
Mr. C. Charles Townsend
MTGLQ Investors L.P.RespondentMr. R. Martin Dungan
Mr. C. Charles Townsend
Court of Appeals Information:
Rev & Ren/Pt and Rem/Pt 
___ SW3d ___, 04-08-21 
9th Court of Appeals 
Honorable Charles Kreger 
Trial Court Information
58th District Court 
Jefferson 
Honorable W. Kent Walston 
A-201,268