Supreme Court

Case: 22-0166    
22-0166
03/03/2022
Petition for Review/Cause under Rule 53.1
GEORGE FLEMING AND FLEMING & ASSOCIATES, L.L.P. 
REBECCA WILSON, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/03/2024Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of George Fleming, et al.
10/30/2023Post submission brief filedRespondent Post Submission Letter filed on behalf of Rebecca Wilson, et al.
10/26/2023Post submission brief filedPetitioner Post Submission Letter filed on behalf of George Fleming, et al.
10/23/2023Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Rebecca Wilson, et al.
10/23/2023Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of George Fleming, et al.
07/17/2023Surreply filedPetitioner Sur-Reply Brief on the Merits filed on behalf of George Fleming, et al.
03/27/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of George Fleming, et al.
02/09/2023Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Rebecca Wilson, et al.
12/20/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of George Fleming, et al.
10/10/2022Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of George Fleming, et al.
08/10/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Rebecca Wilson, et al.
05/06/2022Petition for ReviewPetitioner Petition for Review filed on behalf of George Fleming, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of George Fleming, et al.
11/16/2022Motion 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 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.
11/16/2022Motion 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 George Fleming, et al.
10/30/2023Post submission brief filed  Post Submission Letter filed on behalf of Rebecca Wilson, et al.
10/26/2023Post submission brief filed  Post Submission Letter filed on behalf of George Fleming, et al.
10/24/2023Oral argument   Argued on behalf of Petitioners by David M. Gunn and Murray Fogler; Argued on behalf of Respondents by Paul S. Kirklin
10/23/2023Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of George Fleming, et al.
10/23/2023Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Rebecca Wilson, et al.
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.
10/20/2023Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Respondents' Motion for Disqualification and Recusal of Justice Devine dismissed as moot (Justice Devine and Justice Busby not participating)
10/18/2023Motion to postpone submission date disposedDenied Respondents' Motion to Reschedule Oral Argument denied (Justice Devine and Justice Busby not participating)
10/17/2023Reply to Response to Motion  Reply in support of Motion to Declare Judgement Unfair and Void filed on behalf of Rebecca Wilson, et al.
10/17/2023Call received  Call received from Counsel for Respondent regarding oral argument.
10/16/2023Reply to Response to Motion  Reply in Support of Motion for Disqualification and Recusal filed on behalf of Rebecca Wilson, et al.
10/16/2023Response to Motion filed  Response to Motion to Declare Harpst Judgment Unfair and Void filed on behalf of George Fleming, et al.
10/16/2023Response to Motion filed  Response to Motion to Reschedule Oral Argument filed on behalf of George Fleming, et al.
10/16/2023Electronic communication sent to Party  Email sent to counsel for Petitioner to determine if a Response to the Motion will be filed.
10/16/2023Motion to postpone submission date filed  Opposed Motion to Postpone Oral Argument filed on behalf of Rebecca Wilson, et al.
10/16/2023Electronic communication sent to Party  E-mail sent to counsel for Respondent regarding Motion.
10/16/2023Response to Motion filed  Response to Motion for Disqualification and Recusal of Trial Judge filed on behalf of George Fleming, et al.
10/16/2023Miscellaneous Motion  Respondents' Opposed Motion to Declare Harpst Judgment Unfair and Void filed on behalf of Rebecca Wilson, et al.
10/16/2023Call received  Call received from Petitioner regarding status of case.
10/16/2023Miscellaneous Motion  Opposed Motion for Disqualification and Recusal of Trial Judge filed on behalf of Rebecca Wilson, et al.
10/15/2023Statement regarding recusal  Letter from Justice Devine to Chief Justice Hecht stating: "Please be advised that I hereby recuse myself as requested by the referenced motion."
10/13/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of George Fleming, et al. Oral Argument will be presented by David M. Gunn and Murray Fogler of Beck Redden LLP and Fogler, Brar, O'Neil & Gray, LLP of Houston, Texas.
10/10/2022Reply to Response  Reply in support of Petition for Review filed on behalf of George Fleming, et al.
10/09/2023Response to Motion filed  Response to Motion for Disqualification and Recusal filed on behalf of George Fleming, et al.
10/07/2023Amendment to Motion filed   Amended Motion for Disqualification and Recusal filed on behalf of Rebecca Wilson, et al.
10/05/2023Phone call from Clerk's Office  Call made to counsel for Petitioner regarding Motion filed.
10/05/2023Electronic communication sent to Party  Email sent to counsel for Petitioner regarding Motion filed.
10/05/2023Miscellaneous Motion  Motion for Disqualification and Recusal filed on behalf of Rebecca Wilson, et al.
09/23/2022MET to file reply disposed ofFiling granted Unopposed Second Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due October 10, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
09/23/2022Motion to Extend Time to File Reply filed  Unopposed Second Motion For Extension of Time to file Reply in Support of Petition for Review filed on behalf of George Fleming, et al.
09/19/2023Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Paul S. Kirklin with The Kirklin Law Firm of Houston, Texas, filed on behalf of Rebecca Wilson, et al.
09/03/2024Mandate issued  Mandate & Cost Bill Issued
08/30/2024Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Devine and Justice Busby not participating)
08/18/2022MET 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 September 26, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/18/2022Motion 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 George Fleming, et al.
08/10/2022Response to Petition  Response to Petition for Review filed on behalf of Rebecca Wilson, et al.
07/17/2023Surreply filed  Sur-Reply Brief on the Merits filed on behalf of George Fleming, et al.
07/14/2023Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., October 24, 2023. Time allotted to argue: 20/20 minutes (Justice Busby not participating)
07/14/2023Motion to re-set submission date disposedFiling granted Unopposed Motion to Reschedule Oral Argument granted.  This cause has been reset for oral argument at 9:00 a.m., October 24, 2023. Time allotted to argue: 20/20 minutes (Justice Busby not participating)
07/10/2023Motion to re-set submission date filed.  Unopposed Motion to Reschedule Oral Argument filed on behalf of George Fleming, et al.
07/10/2023Call received  Call received from counsel for Petitioner regarding Oral Arguments.
07/06/2022Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response to Petition for Review is due no later than August 10, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/06/2022Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Rebecca Wilson, et al.
06/30/2023Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 3, 2023. Time allotted to argue: 20/20 minutes (Justice Busby not participating)
06/16/2023Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Justice Busby not participating)
06/16/2023Petition for Review granted 
06/16/2023Motion for leave to file brief disposedFiling granted Respondents’ motion for leave to file sur-reply granted. Petitioners are granted leave to respond to the sur-reply in a brief not to exceed 3,300 words and to be filed within 30 days.
06/10/2022Supreme Court of Texas Requested Response  Requested response to the petition for review due no later than July 11, 2022.
06/03/2024Case forwarded to Court 
06/03/2024Motion for Rehearing  Motion for Rehearing filed on behalf of George Fleming, et al.
05/17/2024Miscellaneous motion disposed. See Remarks.Denied Respondents’ Opposed Motion to Declare Judgment Unfair and Void denied
05/17/2024Miscellaneous motion disposed. See Remarks.Denied Respondents' Opposed Motion for Disqualification and Recusal of Trial Judge denied
05/17/2024Court approved judgment sent to attorneys of recordIssued
05/17/2024Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Young delivered the opinion of the Court. (Justice Devine and Justice Busby not participating)
(5/17/2024 11:20:26 AM) 220166.pdf, 22-0166.jmt.pdf
05/10/2022Case forwarded to Court 
05/08/2022Response Waiver filed  Response Waiver filed on behalf of Rebecca Wilson, et al.
05/06/2022Petition for Review  Petition for Review filed on behalf of George Fleming, et al.
04/11/2023Response to Motion filed  Response to Motion for Leave to file Sur-Reply Brief filed on behalf of George Fleming, et al.
04/10/2023Electronic communication sent to Party  Email sent to counsel to determine if a response to motion will filed. Counsel responded by phone stating that they will confer with client and notify the Court by Wednesday close of business.
04/10/2023Motion for leave to file brief  Motion for Leave to file Sur-Reply Brief with Sur-Reply Brief incorporated filed on behalf of Rebecca Wilson, et al.
04/01/2022Second Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due May 6, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/01/2022Second 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 George Fleming, et al.
03/27/2023Reply Brief  Reply Brief on the Merits filed on behalf of George Fleming, et al.
03/03/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due April 6, 2022.
03/03/2022Motion 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 George Fleming, et al.
03/03/2022Clerk's Record 
02/22/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due no later than March 27, 2023.
02/20/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of George Fleming, et al.
02/09/2023Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Rebecca Wilson, et al.
01/06/2023Motion 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 February 9, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due February 24, 2023.
01/06/2023Motion 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 Rebecca Wilson, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/03/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
George Fleming and Fleming & Associates, L.L.P.PetitionerMr. Jasdeep S. Brar
Mr. Murray J. Fogler
Ms. Michelle Gray
Mr. David Gunn
Ms. Sylvia Davidow
Rebecca Wilson, Et AlRespondentMr. Paul S. Kirklin
Court of Appeals Information:
Reverse & Remand 
669 SW3d 450, 11-04-21 
14th Court of Appeals 
Honorable Kevin D. Jewell 
Trial Court Information
189th District Court 
Harris 
Honorable William R. Burke 
2010-25097