Supreme Court

Case: 22-0427    
22-0427
05/31/2022
Petition for Review/Cause under Rule 53.1
TEXAS DEPARTMENT OF INSURANCE AND CASSIE BROWN, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE TEXAS DEPARTMENT OF INSURANCE 
STONEWATER ROOFING, LTD. CO. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/24/2024Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Stonewater Roofing, Ltd. Co.
11/22/2023Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received from National Association of Public Insurance Adjusters and the Coalition Against Insurance Fraud. Submitted by C. Jake Posey of Austin, Texas.
10/24/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of American Property Casualty Insurance Association, National Association of Mutual Insurance Companies, and Insurance Council of Texas submitted by Steven J. Badger of Zelle LLP of Dallas, Texas.
06/22/2023Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Texas Department of Insurance, et al.
05/09/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Rodney A. Smolla. Submitted by Christopher Knight of Haynes and Boone, LLP from Fort Worth, Texas.
05/08/2023Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Stonewater Roofing, Ltd. Co.
05/08/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Institute for Justice, submitted by Arif Panju and Benjamin A. Field of the Institute for Justice in Austin, Texas, and  Washngton D.C.
02/16/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Department of Insurance, et al.
12/06/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received from Texas Association of Public Insurance Adjusters. Submitted by Kelly Dean Utsinger of Armarillo, Texas.
11/28/2022Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Texas Department of Insurance, et al.
10/10/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Stonewater Roofing, Ltd. Co.
07/15/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received from the Texas Civil Justice League, submitted by George S. Christian, of Austin, Texas.
07/06/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Department of Insurance, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/16/2022Brief on the Merits Ordered  Brief on the Merits requested: Petitioner's brief due January 17, 2023, Respondent's brief due February 6, 2023, Petitioner's reply brief due February 21, 2023.
12/06/2022Amicus Curiae Brief received  Amicus Curiae Brief received from Texas Association of Public Insurance Adjusters. Submitted by Kelly Dean Utsinger of Armarillo, Texas.
11/28/2022Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Texas Department of Insurance, et al.
11/22/2023Amicus Curiae Letter Received  Amicus Letter received from National Association of Public Insurance Adjusters and the Coalition Against Insurance Fraud. Submitted by C. Jake Posey of Austin, Texas.
10/26/2023Oral argument   Argued on behalf of Petitioners by Evan S. Greene; Argued on behalf of Respondent by Chase A. Cobern; Argued on behalf of Amicus Curiae, Institute for Justice, by Jeffrey Rowes
10/24/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of American Property Casualty Insurance Association, National Association of Mutual Insurance Companies, and Insurance Council of Texas submitted by Steven J. Badger of Zelle LLP of Dallas, Texas.
10/20/2022MET 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 November 28, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/20/2022Motion 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 Texas Department of Insurance, et al.
10/13/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Institute for Justice. Oral Argument will be presented by Jeffrey Rowes of Institute for Justice of Austin, Texas.
10/13/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Stonewater Roofing, Ltd., Co. Oral Argument will be presented by Chase A. Cobern of Dallas, Texas.
10/13/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of the Texas Department of Insurance, et al. Oral Argument will be presented by Evan S. Green of the Office of the Texas Attorney General from Austin, Texas.
10/10/2022Response to Petition  Response to Petition for Review filed on behalf of Stonewater Roofing, Ltd. Co.
10/06/2023Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion for Leave to Participate in Oral Argument granted. Time allotted to argue: 20/15/5 minutes.
10/04/2023Miscellaneous Motion  Unopposed Motion for Leave to Participate in Oral Argument filed on behalf of the Institute for Justice.
10/04/2023Notice of Appearance  Notice of Appearance of Jeffery Rowes filed on behalf of the Institute for Justice.
09/27/2024Mandate issued  Mandate & Cost Bill Issued
09/27/2024Motion for Rehearing - DisposedDenied
09/22/2023Motion to postpone submission date disposedDenied Unopposed Motion to Postpone Oral Argument denied. This case remains set for oral argument at 9:00 a.m., October 26, 2023. Time allotted to argue: 20/20 minutes
09/20/2023Motion to postpone submission date filed  Unopposed Motion to Postpose Oral Argument filed on behalf of Stonewater Roofing, Ltd. Co.
09/09/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later than October 10, 2022.
09/01/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 26, 2023. Time allotted to argue: 20/20 minutes
09/01/2023Petition for Review disposedFiling granted
09/01/2023Petition for Review granted 
08/09/2022Case forwarded to Court 
07/24/2024Case forwarded to Court 
07/24/2024Motion for Rehearing  Motion for Rehearing filed on behalf of Stonewater Roofing, Ltd. Co.
07/15/2022Amicus Curiae Brief received  Amicus Curiae Brief received from the Texas Civil Justice League, submitted by George S. Christian, of Austin, Texas.
07/06/2022Petition for Review  Petition for Review filed on behalf of Texas Department of Insurance, et al.
06/22/2023Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Texas Department of Insurance, et al.
06/19/2024Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due July 24, 2024. Further requests for extensions of time for this filing will be disfavored.
06/19/2024Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Stonewater Roofing, Ltd., Co.
06/07/2024Court approved judgment sent to attorneys of recordIssued
06/07/2024Concurring Opinion issued.Issued Justice Young filed a concurring opinion.
06/07/2024Concurring Opinion issued.Issued Justice Blacklock filed an opinion concurring in the judgment, in which Justice Boyd joined.
06/07/2024Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Justice Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined.
(6/7/2024 12:55:22 PM) 220427c2.pdf, 220427c1.pdf, 220427.pdf, 22-0427.jmt.pdf
05/31/2022Motion 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 no later than July 6, 2022.
05/31/2022Motion 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 Texas Department of Insurance, et al.
05/31/2022Court reporter/recorder's record 
05/31/2022Clerk's Record 
05/10/2023MET to file reply disposed ofFiling 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 June 22, 2023.
05/10/2023Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Texas Department of Insurance, et al.
05/09/2023Pro hac vice motion disposedFiling granted Motion in Support of Vince Eisinger's Pro Hac Vice Motion granted.
05/09/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Vince Eisinger granted.
05/09/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Rodney A. Smolla. Submitted by Christopher Knight of Haynes and Boone, LLP from Fort Worth, Texas.
05/09/2023Pro hac vice motion filed  Unopposed Motion in Support of Pro Hac Vice Motion from Christopher Knight filed on behalf of Rodney A. Smolla.
05/09/2023Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice of Vince Eisinger filed on behalf of Rodney A. Smolla.
05/09/2023Pro hac vice motion disposedFiling granted Motion of Resident Attorney Arif Panju in Support of Benjamin A. Field's Admission Pro Hac Vice is granted.
05/09/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Benjamin A. Field is granted.
05/08/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Institute for Justice, submitted by Arif Panju and Benjamin A. Field of the Institute for Justice in Austin, Texas, and  Washngton D.C.
05/08/2023Pro hac vice motion filed  Motion of Resident Attorney Arif Panju in Support of Benjamin A. Field's Admission Pro Hac Vice filed on behalf of the Institute for Justice.
05/08/2023Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Benjamin A. Field filed on behalf of the Institute for Justice.
05/08/2023Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Stonewater Roofing, Ltd. Co.
05/03/2023Call received  Call from Pro Hac Vice counsel regarding case number listed on acknowledgement letter from BLE.
03/29/2023Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due no later than May 8, 2023. Petitioner's Reply Brief on the Merits is due May 23, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/29/2023Motion 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 Stonewater Roofing, Limited Company.
03/01/2023Motion for Extension of Time disposed.Filing granted in part Motion for Extension of Time to file Respondent's Brief on the Merits is GRANTED IN PART. Respondent's Brief on the Merits is due no later than April 7, 2023. Petitioner's Reply Brief on the Merits is due April 24, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/01/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Stonewater Roofing, Limited Company.
02/16/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Department of Insurance, et al.
01/11/2023Motion 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 on the Merits is due February 16, 2023. Respondent's Brief on the Merits is due March 8, 2023. Petitioner's Reply Brief on the Merits is due March 23, 2023. Further requests for extensions of time for this filing will be disfavored.
01/11/2023Motion 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 the Texas Department of Insurance, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/27/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Cassie Brown, in her Official Capacity as Commissioner of The Texas Department of InsurancePetitionerMr. W. Kenneth Paxton
Mr. William Macdaniel
Ms. H. Melissa Mather  
Mr. Brent Webster
Mr. Evan S. Greene
Smolla, Rodney A.Amicus CuriaeMr. Vince Eisinger
Mr. Christopher Knight
Texas Association of Public Insurance AdjustersAmicus CuriaeMr. Kelly Dean Utsinger
Stonewater Roofing, Ltd. Co.RespondentMs. Ericha Ramsey Brown
Mr. Chase Cobern
Mr. Michael A. McCabe
Texas Association of Public Insurance AdjustersOther interested party  
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
American Property Casualty Insurance Association, National Association of Mutual Insurance Companies, and Insurance Council of TexasAmicus CuriaeMr. Steven J. Badger
National Association of Public Insurance Adjusters and the Coalition Against Insurance FraudAmicus CuriaeChristopher Jake Posey
Institute for JusticeAmicus CuriaeBenjamin A. Field
Mr. Arif Panju  
Mr. Jeffrey Rowes
Texas Department of InsurancePetitionerMr. W. Kenneth Paxton
Mr. Evan S. Greene
Mr. William Macdaniel
Ms. H. Melissa Mather  
Mr. Brent Webster
Court of Appeals Information:
Reverse & Remand 
641 SW3d 794, 02-02-22 
7th Court of Appeals 
Honorable Patrick A. Pirtle 
Trial Court Information
201st District Court 
Travis 
 
D-1-GN-20-003172