Supreme Court

Case: 21-1003    
21-1003
11/22/2021
Petition for Review originally filed as 53.7(f)
THE STATE OF TEXAS EX REL. TODD A. DURDEN, IN HIS OFFICIAL CAPACITY AS COUNTY ATTORNEY 
JAMES T. “TULLY” SHAHAN, IN HIS OFFICIAL CAPACITY AS COUNTY JUDGE; MARK FRERICH, IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER; JOE MONTALVO, IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER; DENNIS DODSON, IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER; TIM WARD, IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER; KINNEY COUNTY COMMISSIONERS COURT; KINNEY COUNTY; AND RICK ALVARADO, IN HIS OFFICIAL CAPACITY AS DISTRICT AND COUNTY CLERK OF KINNEY COUNTY, TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/07/2022Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Todd A. Durden.
08/23/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Kinney County Commissioners Court.
08/02/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Todd A. Durden.
05/16/2022Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Todd A. Durden.
04/29/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Kinney County Commissioner Court.
01/27/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Todd A. Durden, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
02/02/2023Mandate issued  Mandate & Cost Bill Issued
12/30/2022Court approved judgment sent to attorneys of recordIssued
12/30/2022Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court. Per Curiam Opinion
(12/30/2022 11:19:42 AM) 21-1003.jmt.pdf, 211003pc.pdf
12/30/2022Petition for Review disposedPetition granted pursuant to TRAP 59.1
12/30/2022Petition for Review granted under TRAP 59.1 
09/15/2022Letter sent to parties from Supreme Court - See Remarks  Letter sent to Trial Court Clerk stating, "The clerk’s record was filed in the Supreme Court of Texas on November 22, 2021. Our review has determined that a relevant item has been omitted from the clerk's record.  See Tex. R. App. P. 34.5(c).  The record does not contain the Citation to Todd A. Durden to Appear and Show Authority signed by Judge Enrique Fernandez on May 23, 2019 in Cause No. 4866.
The Kinney County District Clerk is directed to file a supplemental clerk’s record on or before September 30, 2022, containing the Citation to Todd A. Durden to Appear and Show Authority.
If the omitted item is not part of the case file, the district clerk is directed to file a supplemental clerk’s record containing a certified statement that the omitted item is not a part of the case file."
09/15/2022Motion to supplement disposedFiling dismissed as moot Respondents' Motion to Supplement Record dismissed as moot
09/09/2022Motion to supplement filed  Unopposed Motion to Supplement Record filed on behalf of Kinney County.
09/07/2022Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Todd A. Durden.
08/23/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Kinney County Commissioners Court.
08/02/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Todd A. Durden.
06/30/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Brief on the Merits granted. Petitioner's Brief is due August 4, 2022. Respondent's Brief is due August 24, 2022. Petitioner's Reply Brief is due September 8, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/29/2022Response to Motion filed  Response to Motion for Extension of Time to file Brief on the Merits filed on behalf of Kinney County Commissioners Court.
06/29/2022Electronic communication sent to Party  Email sent to counsel for Respondent to determine stance on Motion for Extension of Time to file Brief on the Merits.
06/29/2022Motion for Extension of Time to File Brief filed  Opposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Todd A. Durden.
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.
05/16/2022Reply to Response  Reply in Support of Petition for Review filed on behalf of Todd A. Durden.
04/29/2022Response to Petition  Response to Petition for Review filed on behalf of Kinney County Commissioner Court.
04/01/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 2, 2022.
03/01/2022Case forwarded to Court 
01/27/2022Call received  Call received from counsel for Petitioner regarding filing returned for correction.
01/27/2022Petition for Review  Petition for Review filed on behalf of Todd A. Durden, et al.
12/30/2021Second 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 January 28, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/29/2021Electronic communication sent to Party  Email sent to counsel for Respondent to determine stance on second Motion for Extension of Time to file Petition for Review.
12/28/2021Second Motion for Extension of Time to File Petition for Review filed  Opposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Todd A. Durden, et al.
12/16/2021Motion to Consolidate disposedFiling granted Motion to Consolidate Appeals granted. Case numbers 21-1003, 21-1017, and 21-1018 are consolidated.
11/29/2021Motion to Consolidate filed  Motion to Consolidate filed on behalf of Todd A. Durden, et al.
11/29/2021Call received  Petitioner will be filing two additional motions for extension for two separate court of appeals numbers and then motion to consolidate all three cases.
11/22/2021Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than December 29, 2021.
11/22/2021Electronic communication received from Party  Email from respondent stating they are opposed to the motion for extension of time to file petition for review, but will not file a written response.
11/22/2021Electronic communication sent to Party  Email sent to respondent to determine if they will file a written response in opposition to the motion for extension of time to file petition for review.
11/22/2021Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Todd Durden, et al.
11/22/2021Court reporter/recorder's record 
11/22/2021Clerk's Record 
11/22/2021Supplement to Clerk's/Reporter's Record 
11/22/2021Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/02/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Kinney County Commissioner CourtRespondentMr. Robert T. Bass
Mr. Joshua Humphreys
The Attorney General of TexasOther interested party Mr. Thomas Andren Albright
The State of Texas, ex. rel. Todd A. Durden, in his official Capacity as County AttorneyPetitionerMr. Shane J. Stolarczyk
Mr. Paul W. Green
Ms. Kimberly S. Keller
Mr. Todd A. Durden
Court of Appeals Information:
Dismissed 
648 SW3d 339, 05-12-21 
4th Court of Appeals 
Honorable Patricia O'Connell Alvarez 
Trial Court Information
63rd District Court 
Kinney 
Honorable Sid L. Harle 
4845