Supreme Court

Case: 21-0783    
21-0783
09/13/2021
Petition for Review/Cause under Rule 53.1
LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. AND LENNAR HOMES OF TEXAS SALES AND MARKETING, LTD. 
KARA WHITELEY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/30/2023Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Kara Whiteley.
03/06/2023Response to Brief filedRespondent Response to Post-Submission Letter Brief filed on behalf of Kara Whitely.
01/30/2023Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Kara Whiteley.
01/18/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Taylor Morrison of Texas, Inc., et al., submitted by Kurt Kuhn, et al., of Kuhn Hobbs PLLC, in Austin, Texas.
09/15/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Lennar Homes of Texas Land and Construction, Ltd., et al.
08/31/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Kara Whiteley.
08/04/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Lennar Homes of Texas Land and Construction, Ltd., et al.
05/20/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Texas Association of Builders. Submitted by Mr. Dylan B. Russel with Hoover Slovacek LLP, of Houston, Texas.
05/09/2022Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Lennar Homes of Texas Land and Construction, Ltd.
03/24/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Kara Whiteley.
01/18/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Legend Classic Homes, Ltd submitted by Dylan B. Russell and Patrick D. Sullivan of Hoover Slovacek LLP of Houston, Texas.
11/17/2021Petition for ReviewPetitioner Petition for Review filed on behalf of Lennar Homes of Texas Land and Construction, LTD., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/01/2023Mandate issued  Mandate & Cost Bill Issued
09/01/2023Motion for Rehearing - DisposedDenied
05/30/2023Case forwarded to Court 
05/30/2023Motion for Rehearing  Motion for Rehearing filed on behalf of Kara Whiteley.
05/12/2023Court approved judgment sent to attorneys of recordIssued
05/12/2023Opinion issuedCourt of Appeals' judgment reversed in part, rendered in part, and remanded to trial court The Court reverses in part the court of appeals' judgment, renders judgment in part, and remands the case to the trial court. Justice Busby delivered the opinion of the Court.
(5/12/2023 2:35:37 PM) 210783.pdf, 21-0783.jmt.pdf
03/06/2023Response to Brief filed  Response to Post-Submission Letter Brief filed on behalf of Kara Whitely.
03/03/2023Letter Filed  Letter filed on behalf of Lennar Homes of Texas Land and Construction, Ltd., et al.
01/31/2023Oral argument   Argued on behalf of Petitioners by Wallace B. Jefferson; Argued on behalf of Respondent by Dax O. Faubus
01/30/2023Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Kara Whiteley.
01/27/2023Submission Schedule 
01/20/2023Phone call from Clerk's Office  Call made to counsel for Petitioner to request payment for Oral Argument Submission Form.
01/18/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Taylor Morrison of Texas, Inc., et al., submitted by Kurt Kuhn, et al., of Kuhn Hobbs PLLC, in Austin, Texas.
01/18/2023Phone call from Clerk's Office  Call made to counsel for Petitioner to request payment for Oral Argument Submission Form.
01/17/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Lennar Homes of Texas Land and Construction, Ltd., et al. Oral Argument will be presented by Wallace Jefferson of Alexander Dubose and Jefferson LLP of Austin, Texas.
01/17/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Kara Whiteley. Oral Argument will be presented by Dax O. Faubus of the Faubus Firm, Houston, Texas.
01/11/2023Miscellaneous motion disposed. See Remarks.Denied Respondent's Motion to Postpone Oral Argument denied
01/06/2023Call received  Call received from counsel for Lennar Homes of Texas Land and Construction, Ltd., et al. Petitioners will not be filing a response to Motion to Postpone Oral Argument.
01/06/2023Miscellaneous Motion  Motion to Postpone Oral Argument filed on behalf of Kara Whiteley.
12/16/2022Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 31, 2023. Time allotted to argue: 20/20 minutes
12/16/2022Petition for Review disposedFiling granted
12/16/2022Petition for Review granted 
09/15/2022Reply Brief  Reply Brief on the Merits filed on behalf of Lennar Homes of Texas Land and Construction, Ltd., et al.
08/31/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Kara Whiteley.
08/24/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due no later than August 31, 2022; and Reply brief is due September 15, 2022.
08/24/2022Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Kara Whiteley.
08/04/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Lennar Homes of Texas Land and Construction, Ltd., et al.
07/01/2022Motion 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 August 4, 2022. Respondents' Brief on the Merits is due August 24, 2022. Petitioners' Reply Brief is due September 8, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/01/2022Motion 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 Lennar Homes of Texas Land and Construction, Ltd., et al.
06/03/2022Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 5, 2022; Response brief due July 25, 2022; Reply brief due August 9, 2022.
05/20/2022Amicus Curiae Brief received  Amicus Brief received on behalf of Texas Association of Builders. Submitted by Mr. Dylan B. Russel with Hoover Slovacek LLP, of Houston, Texas.
05/09/2022Reply to Response  Reply in Support of Petition for Review filed on behalf of Lennar Homes of Texas Land and Construction, Ltd.
04/05/2022MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due May 9, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/05/2022Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Lennar Homes of Texas Land and Construction, Ltd., et al.
03/24/2022Response to Petition  Response to Petition for Review filed on behalf of Kara Whiteley.
02/22/2022Motion for Extension of Time to File Response disposedFiling granted in part Motion for Extension of Time to file Response to Petition for Review granted in part. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due March 24, 2022.
02/22/2022Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Kara Whiteley.
01/21/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later than February 22, 2022.
01/18/2022Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Legend Classic Homes, Ltd submitted by Dylan B. Russell and Patrick D. Sullivan of Hoover Slovacek LLP of Houston, Texas.
12/21/2021Case forwarded to Court 
12/17/2021Response Waiver filed  Response Waiver filed on behalf of Kara Whiteley.
11/17/2021Petition for Review  Petition for Review filed on behalf of Lennar Homes of Texas Land and Construction, LTD., et al.
10/14/2021Second 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. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due November 17, 2021.
10/14/2021Second 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 Lennar Homes of Texas Land and Construction, LTD., et al.
09/13/2021Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time granted. Petition is due by October 18, 2021.
09/13/2021Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Lennar Homes of Texas Land and Construction, LTD., et al.
09/13/2021Supplement to Clerk's/Reporter's Record 
09/13/2021Clerk's Record 
09/13/2021Court reporter/recorder's record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/01/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Lennar Homes of Texas Land and Construction, Ltd. and Lennar Homes of Texas Sales and Marketing, Ltd.PetitionerMs. Margaret E. Bryant  
Mr. Timothy F. Lee
Ms. Rachel A. Ekery  
Mr. Nicholas Bacarisse
Mr. Wallace B. Jefferson  
Mr. J. Don Jackson
Taylor Woodrow Communities - League City, Ltd.Amicus CuriaeMr. Kurt Kuhn
Mr. Carl J. Wilkerson
Ms. Lisa Hobbs
Legend Classic Homes, Ltd.Amicus CuriaeMr. Patrick D. Sullivan
Mr. Dylan Russell
Big Texas Air Conditioning, Inc.RespondentMs. Amy Lynn Nilsen
Mr. Stephen Eric Irving
Mr. Earnest W. Wotring
Mr. David Funderburk
Diane S. Davis
Xalt Holding, LLC f/k/a DPIS Engineering, LLRespondentMr. Warren Wise
Mr. Greg C. Wilkins
Mr. Christopher McKinney
Whiteley, KaraRespondentMr. Dax O. Faubus
Taylor Morrison of Texas, Inc.Amicus CuriaeMs. Lisa Hobbs
Mr. Carl J. Wilkerson
Mr. Kurt Kuhn
Texas Association of BuildersAmicus CuriaeMr. Manuel (Ned) Munoz, Jr.
Mr. Dylan Russell
Court of Appeals Information:
Affirmed  
625 SW3d 569, 04-29-21 
14th Court of Appeals 
Honorable Meagan Hassan 
Trial Court Information
56th District Court 
Galveston 
Honorable Lonnie Cox 
17-CV-0253