Supreme Court

Case: 21-1109    
21-1109
12/23/2021
Petition for Review/Cause under Rule 53.1
DITECH SERVICING, LLC 
JERRY PEREZ D/B/A LIGHTHOUSE INVESTMENTS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/14/2023Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Ditech Servicing, LLC.
02/24/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the State of Texas, submitted by Judd E. Stone, II, from the Office of the Attorney General, Austin, Texas.
02/16/2023Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Jerry Perez.
12/21/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Ditech Servicing, LLC.
02/02/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Ditech Servicing, LLC
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
06/30/2023Mandate issued  Mandate & Cost Bill Issued
05/19/2023Court approved judgment sent to attorneys of recordIssued
05/19/2023Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Hecht delivered the opinion of the Court.
(5/19/2023 12:35:19 PM) 211109.pdf, 21-1109.jmt.pdf
03/21/2023Oral argument   Argued on behalf of Petitioner by Bradford W. Irelan; Argued on behalf of Respondent by Kelly K. McKinnis; Argued on behalf of Amicus Curiae, The State of Texas, by Beth Klusmann
03/17/2023Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Kelly K. McKinnis of Kelly K. McKinnis, Attorney at Law from Edinburg, Texas. Filed on bbehalf of Jerry Perez d/b/a Lighthouse Investments.
03/14/2023Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Ditech Servicing, LLC.
03/07/2023Submission Schedule 
03/07/2023Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Ms. Beth Klusman with Office of the Attorney General, filed on behalf of State.
03/03/2023Motion 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 March 14, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/03/2023Motion 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 Ditech Servicing, LLC.
03/03/2023Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion of Amicus Curiae to Participate in Oral Argument granted.  Time allotted to argue: Time allotted to argue: 13/20/7 minutes
03/02/2023Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits was timely filed February 16, 2023.
03/02/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Jerry Perez.
03/02/2023Miscellaneous Motion  Unopposed Motion to Participate in Oral Argument filed on behalf of the State of Texas.
03/01/2023Oral Argument Submission Form from Attorney received  Amended Oral Argument Submission Form filed on behalf of Ditech Servicing, LLC. Oral Argument will be presented by Bradford W. Irelan of Irelan McDaniel, PLLC,  Houston, Texas.
02/28/2023Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Bradford W. Irelan with Irelan McDaniel PLLC of Houston, Texas, filed on behalf of Ditech Servicing, LLC.
02/28/2023Electronic communication sent to Party  Email sent to counsel for Respondent regarding untimely submission of Respondent's Brief on the Merits.
02/28/2023Phone call from Clerk's Office  Call made to counsel for respondent to request motion for extension of time to make the submission of the brief on the merits timely.
02/24/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the State of Texas, submitted by Judd E. Stone, II, from the Office of the Attorney General, Austin, Texas.
02/24/2023Notice of Appearance  Notice of Appearance on behalf of Amicus Curiae, The State of Texas, by Judd E. Stone II, Solicitor General, Office of the Attorney General of Texas, P.O. Box 12548 (MC 059)Austin, Texas 78711-2548
02/16/2023Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Jerry Perez.
01/25/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due January 31, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief due February 15, 2023.
01/24/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension to file Response Brief on the Merits filed on behalf of Jerry Perez.
01/17/2023Electronic communication sent to Party  Email sent to respondent to determine the status of respondent's brief on the merits.
12/21/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Ditech Servicing, LLC.
11/18/2022Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., March 21, 2023. Time allotted to argue: 20/20 minutes
11/15/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of time to file Petitioner's Brief on the Merits is granted IN PART. Petitioner's Brief is due December 21, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due January 10, 2023. Reply Brief is due January 25, 2023. The Solicitor General's Brief is due February 24, 2023.
11/14/2022Motion 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 Ditech Servicing, LLC.
11/10/2022Notice of Appearance  Notice of Appearance filed on behalf of the State of Texas.
10/21/2022Solicitor general invited to file brief  The Solicitor General is invited to file a brief in this case expressing the views of the State. TEX. CONST. ART. IV, § 22. The brief is due no later than January 26, 2023. (Request incorporated within Brief on the Merits letter)
10/21/2022Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than November 21, 2022; Response brief due December 12, 2022; Reply brief due December 27, 2022. The Solicitor General is invited to file a brief in this case expressing the views of the State. TEX. CONST. ART. IV, § 22. The SG's brief due no later than January 26, 2023.
10/21/2022Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
10/21/2022Petition for Review granted 
07/08/2022Electronic communication sent to Party  Email sent to respondent inquiring on the status of requested response due May 9, 2022.
05/27/2022Electronic communication sent to Party  Email sent to respondent inquiring on status of requested response due May 9, 2022.
04/08/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 9, 2022.
03/08/2022Case forwarded to Court 
02/02/2022Petition for Review  Petition for Review filed on behalf of Ditech Servicing, LLC
12/23/2021Motion 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 February 2, 2022.
12/23/2021Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Ditech Servicing, LLC.
12/23/2021Supplement to Clerk's/Reporter's Record 
12/23/2021Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/30/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Perez, Jerry RespondentMr. Kelly K. McKinnis
Ditech Servicing LLC PetitionerMr. Bradford W. Irelan
The State of TexasAmicus CuriaeMr. Bill Davis
Mr. Ari Cuenin
Ms. Beth E. Klusmann
Mr. Judd Stone II
Court of Appeals Information:
Vacate & Dismiss 
664 SW3d 401, 11-18-21 
13th Court of Appeals 
Honorable Jaime E. Tijerina 
Trial Court Information
County Court at Law No 4 
Hidalgo 
Honorable Federico Garza 
CL-11-3719-D