Supreme Court

Case: 21-0757    
21-0757
09/01/2021
U.S. Certified Question accepted by Supreme Court
FRYMIRE HOME SERVICES, INCORPORATED; WHITFIELD CAPITAL, L.L.C. 
OHIO SECURITY INSURANCE COMPANY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/17/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from United Policyholders and Edinburg Consolidated
Independent School District, submitted by Jeffrey L. Raizner and Ben Wickert of RAIZNER SLANIA LLP of Houston, Texas.
11/01/2021Brief on the MeritsAppellee in case Appellee's Brief on the Merits filed on behalf of Ohio Security Insurance Company.
10/11/2021Brief on the MeritsAppellant in case Appellants' Brief on the Merits filed on behalf of Frymire Home Services, Inc., et al.
09/01/2021Certified Question filed  Certified Question filed by the Fifth Circuit Court of Appeals.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
01/06/2022Case Stored  e-stored
12/03/2021Certified Question disposedDismissed
12/03/2021Motion to dismiss disposedFiling granted Joint Motion to Dismiss granted
11/30/2021Call received  Call received from appellant.
11/30/2021Call received  Call received from appellee.
11/29/2021Order received from another court - see remarks  Order received from the US Court of Appeals for the Fifth Circuit granting the joint motion to dismiss appeal.
11/23/2021Motion to dismiss  Joint Motion to Dismiss with Prejudice Pursuant to Settlement filed on behalf of Frymire Home Services, Inc., et al.
11/23/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Frymire Home Services, Inc., et al. Oral Argument will be presented by Jay K. Gray of BergmanGray, LLP, of Dallas, Texas.
11/22/2021Call received  Call received from appellee stating that the case has been settled and a joint motion to dismiss will be filed soon.
11/22/2021Letter sent to parties from Supreme Court - See Remarks  Additional information sent to parties regarding upcoming in-person oral arguments.
11/19/2021Call received  Call received from counsel for Appellant regarding brief.
11/19/2021Phone call from Clerk's Office  Call made to counsel for Appellant regarding brief.
11/17/2021Amicus Curiae Brief received  Amicus Brief received from United Policyholders and Edinburg Consolidated
Independent School District, submitted by Jeffrey L. Raizner and Ben Wickert of RAIZNER SLANIA LLP of Houston, Texas.
11/15/2021Oral Argument Submission Form from Attorney received  STRUCK | Oral Argument Submission Form received on behalf of Ohio Security Insurance Company. Oral Argument will be presented by Mark Tillman of Tillman Batchelor LLP, of Irving, Texas, and by Shannon O'Malley of Zelle LLP, of Dallas, Texas.
11/01/2021Brief on the Merits  Appellee's Brief on the Merits filed on behalf of Ohio Security Insurance Company.
10/11/2021Brief on the Merits  Appellants' Brief on the Merits filed on behalf of Frymire Home Services, Inc., et al.
10/11/2021Call received  Call received from counsel for Appellant regarding eFile.
10/06/2021Record Received (See Remarks) 
10/04/2021Call received  Call received from counsel for appellant concerning due dates of Briefs.
09/20/2021Notice requesting filing fee 
09/10/2021Brief on the Merits Ordered  Brief on the merits requested: Appellant's brief due no later than October 11, 2021; Appellee's brief due November 1, 2021; Reply brief due November 16, 2021.
09/10/2021Certified Question accepted 
09/10/2021Certified Question disposedCertified Question accepted This case has been set for oral argument at 9:00 a.m., December 1, 2021. Time allotted to argue: 20/20 minutes
09/08/2021Record Received (See Remarks) 
09/01/2021Record Requested in Case 
09/01/2021Certified Question filed  Certified Question filed by the Fifth Circuit Court of Appeals.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/06/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Ohio Security Insurance CompanyAppelleeMs. Shannon M. O'Malley
Mr. Steven J. Badger
Ms. Salina Kabani
Mr. Mark D. Tillman
Ms. Kirsten M. Castañeda
Mr. Michael Chester Diksa
Frymire Home Services, IncorporatedAppellantMr. Andrew A. Bergman
Mr. Jay K. Gray
United PolicyholdersAmicus CuriaeJeffrey L. Raizner
Mr. Benjamin Wickert  
Edinburg Consolidated Independent School DistrictAmicus CuriaeJeffrey L. Raizner
Mr. Benjamin Wickert  
Whitefield Capital, L.L.C.AppellantMr. Andrew A. Bergman
Mr. Jay K. Gray
Court of Appeals Information:
 
 
 
 
Trial Court Information