Supreme Court

Case: 21-0941    
21-0941
11/01/2021
Petition for Review/Cause under Rule 53.1
PNC MORTGAGE, A DIVISION OF PNC BANK, N.A. SUCCESSOR TO NATIONAL CITY BANK AND NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA 
JOHN HOWARD AND AMY HOWARD 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/24/2023Post submission brief filedAmicus Curiae Post Submission Letter Brief filed on behalf of J.M. Arpad Lamell.
12/16/2022Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of PNC Mortgage, et al.
11/28/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received from and submitted by J.M. Arpad Lamell, of Houston, Texas.
11/04/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Property Tax Lienholders Association submitted by Sarah Cox of Sarah M. Cox, PLLC in Dallas, Texas.
07/01/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of PNC Mortgage, et al.
06/16/2022Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of John Howard, et al.
05/16/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of PNC Mortgage, et al.
03/17/2022Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of PNC Mortgage, et al.
03/10/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of John Howard, et al.
11/01/2021Petition for ReviewPetitioner Petition for Review filed on behalf of PNC Mortgage, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
06/23/2023Mandate issued  Mandate & Cost Bill Issued
05/12/2023Court approved judgment sent to attorneys of recordIssued
05/12/2023Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Chief Justice Hecht delivered the opinion of the Court.
(5/12/2023 2:41:29 PM) 210941.pdf, 21-0941.jmt.pdf
01/24/2023Post submission brief filed  Post Submission Letter Brief filed on behalf of J.M. Arpad Lamell.
01/11/2023Letter Filed  Response to Post Submission Letter filed on behalf of Texas Property Tax Lienholders Association.
01/09/2023Letter Filed  Response to Post Submission Letter filed on behalf of John Howard, et al.
12/16/2022Post submission brief filed  Post-Submission Letter Brief filed on behalf of PNC Mortgage, et al.
12/01/2022Oral argument   Argued on behalf of Petitioners by Matthew H. Lembke; Argued on behalf of Respondents by Julia F. Pendery
11/28/2022Amicus Curiae Brief received  Amicus Curiae Brief received from and submitted by J.M. Arpad Lamell, of Houston, Texas.
11/14/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of PNC Mortgage, et al. Oral Argument will be presented by Matthew H. Lembke of Bradley Arant Boult Cummings LLP, of Birmingham, Alabama.
11/08/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of John Howard, et al. Oral Argument will be presented by Julia F. Pendery of Cowles & Thompson of Dallas, Texas.
11/04/2022Amicus Curiae Brief received  Amicus Brief of Texas Property Tax Lienholders Association submitted by Sarah Cox of Sarah M. Cox, PLLC in Dallas, Texas.
09/02/2022Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 1, 2022. Time allotted to argue: 20/20 minutes
09/02/2022Petition for Review disposedFiling granted
09/02/2022Petition for Review granted 
07/01/2022Reply Brief  Reply Brief on the Merits filed on behalf of PNC Mortgage, et al.
06/16/2022Brief on the Merits  Respondents' Brief on the Merits filed on behalf of John Howard, et al.
05/31/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Respondents' Brief on the Merits is due no later than June 16, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners' Reply Brief on the Merits is due no later than July 1, 2022.
05/31/2022Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of John Howard, et al.
05/16/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of PNC Mortgage, et al.
05/02/2022Call received  Call received from counsel for petitioner regarding status of motion for extension of time.
05/02/2022Amended Motion DisposedFiling granted Amended Unopposed Motion for Extension of Time to File Brief on the Merits granted.
05/02/2022Amendment to Motion filed   Amended Unopposed Motion for Extension of Time to File Brief on the Merits filed on behalf of PNC Mortgage, et al.
05/02/2022Motion 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 May 16, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief is due June 6, 2022. Reply Brief is due June 21, 2022.
05/02/2022Phone call from Clerk's Office  Call made to counsel for Respondent regarding motion filed.
05/01/2022Motion 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 PNC Mortgage, et al.
04/01/2022Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than May 2, 2022; Response brief due May 23, 2022; Reply brief due June 7, 2022.
03/17/2022Reply to Response  Reply in Support of Petition for Review filed on behalf of PNC Mortgage, et al.
03/10/2022Notice of Appearance  Notice of Appearance filed on behalf of John Howard, et al.
03/10/2022Response to Petition  Response to Petition for Review filed on behalf of John Howard, et al.
02/25/2022Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response is due March 10, 2022.
02/25/2022Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of John Howard, et al.
01/26/2022Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Response is due February 28, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/26/2022Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of John Howard, et al.
01/07/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later than February 7, 2022.
12/07/2021Case forwarded to Court 
11/03/2021Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Matthew Lembke's Admission Pro Hac Vice is granted.
11/03/2021Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Matthew Lembke is granted.
11/03/2021Pro hac vice motion filed  Motion of Resident Attorney Mark Hopkins in support of Matthew Lembke's Admission Pro Hac Vice filed on behalf of PNC Mortgage, et al.
11/03/2021Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Matthew Lambke filed on behalf of PNC Mortgage, et al.
11/03/2021Phone call from Clerk's Office  Call made to counsel for Petitioner to discuss Motion for Admission Pro Hac Vice.
11/01/2021Petition for Review  Petition for Review filed on behalf of PNC Mortgage, et al.
11/01/2021Court reporter/recorder's record 
11/01/2021Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/23/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Lamell, J.M. ArpadAmicus CuriaeJ.M. Arpad Lamell
PNC Mortgage, A Division of PNC Bank, N.A. Succesor to National City Bank and National City Mortgage, A Division of National City Bank of IndianaPetitionerMr. Brian Scott Engel
Ms. Shelley Hopkins
Mr. Mark Daniel Hopkins
Robert Davis Forster II
Matthew H. Lembke
Mr. Robert F. Maris
Texas Property Tax Lienholders AssociationAmicus CuriaeMs. Sarah Elizabeth Sibley
John Howard and Amy HowardRespondentMs. Julia F. Pendery
Mr. Jon Neal Prevost
Court of Appeals Information:
Affirmed  
651 SW3d 154, 09-17-21 
5th Court of Appeals 
Honorable Amanda Reichek 
Trial Court Information
199th District Court 
Collin 
Honorable Angela Michelle Tucker 
199-01559-2010