Supreme Court

Case: 21-0843    
21-0843
09/29/2021
Petition for Review/Cause under Rule 53.1
AMERICAN NATIONAL INSURANCE COMPANY 
BERTHA ARCE, INDIVIDUALLY AND AS REPRESENTATIVE OF ALL OTHERS SIMILARLY SITUATED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/21/2023Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Texas Association of Life and Health Insurers (TALHI) submitted by Wade C. Crosnoe of Thompson, Coe, Cousins & Irons, LLP of Austin, Texas.
07/17/2023Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of American National Insurance Company.
03/15/2023Post submission brief filedRespondent Response to Post-Submission Letter Brief and Briefs of Amici Curiae filed on behalf of Bertha Arce.
01/31/2023Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of American National Insurance Company.
01/17/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received from  Andrew C. Whitaker of Figari and Davenport, Dallas, Texas.
01/09/2023Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of American National Insurance Company.
01/09/2023Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Bertha Arce.
01/06/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of RSUI Group, Inc., submitted by Wade C. Crosnoe, et al., of Thompson, Coe, Cousins & Irons, LLP., of Austin, Texas.
10/21/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the American Council of Life Insurers, submitted by Luis F. Mendez and Donald R. Littlefield of Bressler Amery & Ross, P.C., in Birmingham, Alabama.
10/14/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of American National Insurance Company.
09/22/2022Brief on the MeritsRespondent Respondent's Brief on he Merits filed on behalf of Bertha Arce.
07/27/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of American National Insurance Company.
03/24/2022Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Texas Association of Life and Health Insurers, submitted by Wade Crosnoe, et al., of Thompson, Coe, Cousins & Irons, LLP, of Austin, Texas.
03/17/2022Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of American National Insurance Company.
02/24/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Bertha Arce.
11/08/2021Petition for ReviewPetitioner Petition for Review filed on behalf of American National Insurance Company.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/01/2023Mandate issued  Mandate & Cost Bill Issued
09/01/2023Motion for Rehearing - DisposedDenied
08/21/2023Call received  Call received from Amicus Curiae Texas Association of Life & Health Insurers.
08/21/2023Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Texas Association of Life and Health Insurers (TALHI) submitted by Wade C. Crosnoe of Thompson, Coe, Cousins & Irons, LLP of Austin, Texas.
07/18/2023Case forwarded to Court 
07/17/2023Motion for Rehearing  Motion for Rehearing filed on behalf of American National Insurance Company.
06/12/2023Motion 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 July 17, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/12/2023Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of American National Insurance Company.
05/12/2023Motion 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 due June 15, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/11/2023Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of American National Insurance Company.
04/28/2023Court approved judgment sent to attorneys of recordIssued
04/28/2023Concurring Opinion issued.Issued Justice Young filed a concurring opinion.
04/28/2023Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial court The Court affirms in part and reverses in part the court of appeals’ judgment, renders judgment in part, and remands the case to the trial court. Justice Devine delivered the opinion of the Court.
(4/28/2023 4:42:53 PM) 210843c.pdf, 210843.pdf, 21-0843.jmt.pdf
03/15/2023Post submission brief filed  Response to Post-Submission Letter Brief and Briefs of Amici Curiae filed on behalf of Bertha Arce.
03/15/2023Notice received  Notice of Change in Law Firm Affiliation filed on behalf of counsel for Bertha Arce.
01/31/2023Post submission brief filed  Post-Submission Letter Brief filed on behalf of American National Insurance Company.
01/17/2023Amicus Curiae Brief received  Amicus Curiae Brief received from  Andrew C. Whitaker of Figari and Davenport, Dallas, Texas.
01/12/2023Oral argument   Argued on behalf of Petitioner by Angie Olalde; Argued on behalf of Respondent by John Smithee
01/09/2023Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of American National Insurance Company.
01/09/2023Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Bertha Arce.
01/06/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of RSUI Group, Inc., submitted by Wade C. Crosnoe, et al., of Thompson, Coe, Cousins & Irons, LLP., of Austin, Texas.
01/06/2023Submission Schedule 
12/03/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission form filed on behalf of Bertha Arce. Oral Argument will be presented by John Smithee of Templeton, Smithee, Hayes, Heinrich & Russell, LLP from Armarillo, Texas.
11/29/2022Oral Argument Submission Form from Attorney received  Oral Argument submission form filed on behalf of American National Insurance Company. Oral Argument will be presented by Angie Olalde from Greer, Herz & Adams, LLP of League City, Texas.
11/18/2022Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 12, 2023. Time allotted to argue: 20/20 minutes
11/18/2022Petition for Review disposedFiling granted
11/18/2022Petition for Review granted 
10/21/2022Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the American Council of Life Insurers, submitted by Luis F. Mendez and Donald R. Littlefield of Bressler Amery & Ross, P.C., in Birmingham, Alabama.
10/20/2022Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Louis F. Mendez's Admission Pro Hac Vice is granted.
10/20/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of Louis F. Mendez is granted.  
10/20/2022Pro hac vice motion filed  Unopposed Motion of Resident Attorney Donald R. Littlefield in support of Louis F. Mendez's admission pro hac vice filed on behalf of the American Council of Life Insurers.
10/20/2022Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice of Louis F. Mendez filed on behalf of the American Council of Life Insurers.
10/14/2022Reply Brief  Reply Brief on the Merits filed on behalf of American National Insurance Company.
10/04/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due October 14, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/04/2022Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of American National Insurance Company.
09/22/2022Brief on the Merits  Respondent's Brief on he Merits filed on behalf of Bertha Arce.
09/15/2022Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due September 22, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due October 7, 2022.
09/15/2022Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Bertha Arce.
08/15/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due September 15, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due September 30, 2022.
08/15/2022Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Bertha Arce.
07/27/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of American National Insurance Company.
06/15/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's BRief on the Merits is granted. Petitioner's Brief is due July 27, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due August 16, 2022. Reply Brief is due August 31, 2022.
06/15/2022Motion 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 American National Insurance Company.
05/27/2022Brief on the Merits Ordered  Brief on the Merits requested: Petitioner's brief due no later than June 27, 2022; Response brief due July 18, 2022; Reply brief due August 2, 2022.
03/24/2022Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Texas Association of Life and Health Insurers, submitted by Wade Crosnoe, et al., of Thompson, Coe, Cousins & Irons, LLP, of Austin, Texas.
03/17/2022Reply to Response  Reply in Support of Petition for Review filed on behalf of American National Insurance Company.
03/14/2022MET 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 March 18, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/11/2022Motion 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 American National Insurance Company.
02/24/2022Response to Petition  Response to Petition for Review filed on behalf of Bertha Arce.
02/18/2022Call received  Call received from counsel unassociated with the case who received misdirected notice.
02/17/2022Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review granted. No further extensions of time will be considered. Response is due no later than February 24, 2022.
02/16/2022Motion for Extension of Time to File Response  Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Bertha Arce.
01/13/2022Motion for Extension of Time to File Response disposedFiling granted in part Motion for Extension of Time to file Response to Petition for Review is granted in Part. Response is due February 17, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/13/2022Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Bertha Arce.
12/17/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than January 18, 2022.
11/16/2021Case forwarded to Court 
11/10/2021Response Waiver filed  Response Waiver filed on behalf of Bertha Arce.
11/08/2021Petition for Review  Petition for Review filed on behalf of American National Insurance Company.
09/29/2021Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due on November 8, 2021.
09/29/2021Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of American National Insurance Company.
09/29/2021Supplement to Clerk's/Reporter's Record 
09/29/2021Court reporter/recorder's record 
09/29/2021Supplement to Clerk's/Reporter's Record 
09/29/2021Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/01/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Association of Life and Health Insurers (TALHI)Amicus CuriaeMr. Wade Crosnoe
Mr. Jay Thompson
American Council of Life Insurers (ACLI)Amicus CuriaeMr. Donald R. Littlefield  
Ms. Susan Alexander Logsdon  
Mr. Louis F. Mendez
Arce, BerthaRespondentMr. John H. Barr II
Mr. John T. Smithee
Ms. Jennifer W. Johnson  
Mr. Juan Carlos Hernandez
Mr. Mark A. Ticer
RSUI Group, Inc.Amicus CuriaeMr. Wade Crosnoe
Mr. J. Richard Harmon
Ms. Jo Allison Stasney
American National Insurance CompanyPetitionerMr. Michael David Leblanc
Mr. Paul W. Green
Ms. Angela Olalde
Mr. Michael Adams
Whitaker, Andrew C.Amicus CuriaeMr. Andrew C. Whitaker
Court of Appeals Information:
Reverse & Remand 
633 SW3d 228, 08-24-21 
7th Court of Appeals 
Honorable Patrick A. Pirtle 
Trial Court Information
46th District Court 
Hardeman 
Honorable Dan Mike Bird 
11529