Supreme Court

Case: 22-0802    
22-0802
09/15/2022
Petition for Writ of Mandamus
IN RE CHARLES STANLEY CHURCHWELL, JR., TRUSTEE OF THE CHRISTOPHER J. MERLO REVOCABLE TRUST 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/18/2023Reply BriefRelator Reply Brief on the Merits filed on behalf of Charles Stanley Churchwell.
04/04/2023Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Mark A. Merlo
04/03/2023Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Don D. Ford.
02/27/2023Brief on the MeritsRelator Relator's Brief on the Merits filed on behalf of Charles Stanley Churchwell, Jr., et al.
12/20/2022Reply to Petition for Writ of MandamusRelator Reply to Response of Guardian ad Litem filed on behalf of Charles Stanley Churchwell, Jr.
12/05/2022Response to PetitionReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Guardian Ad Litem Don D. Ford III.
12/05/2022Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Mark A. Merlo.
09/15/2022Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of Charles Stanley Churchwell, Jr.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2022Reply to Petition for Writ of Mandamus  Reply to Response of Guardian ad Litem filed on behalf of Charles Stanley Churchwell, Jr.
12/06/2022Electronic communication sent to Party  Email regarding legibility of filing sent to counsel for real party in interest.
12/05/2022Response to Petition  Response to Petition for Writ of Mandamus filed on behalf of Guardian Ad Litem Don D. Ford III.
12/05/2022Phone call from Clerk's Office  Call made to counsel for real party in interest regarding resubmission of response to petition for writ of mandamus.
12/05/2022Call received  Call received from real party in interest regarding resubmission of response to petition for writ of mandamus.
12/05/2022Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Writ of Mandamus is granted. Response was timely filed on December 5, 2022.
12/05/2022Response to Petition for Writ of Mandamus Filed  Response to Petition for Writ of Mandamus filed on behalf of Mark A. Merlo.
12/04/2022Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Writ of Mandamus filed on behalf of Mark Merlo.
11/21/2022Motion for leave to file appendix dispositionFiling granted Motion for Extension of Time to file Response to Petition for Writ of Mandamus is granted. Response is due no later than December 5, 2022. Further requests for extensions of time for this filing will be disfavored.
11/20/2022Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Writ of Mandamus filed on behalf of Don D. Ford III.
10/21/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later than November 21, 2022.
10/03/2023Case Stored  e-stored
09/20/2022Motion to Consolidate filed  Motion to Consolidate filed on behalf of Kendall Merlo
09/20/2022Motion to Stay Filed   Motion for Temporary Relief filed on behalf of Charles Stanley Churchwell, Jr.
09/20/2022Case forwarded to Court 
09/15/2022Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of Charles Stanley Churchwell, Jr.
08/18/2023Motion to Consolidate disposedFiling dismissed as moot Motion to Consolidate dismissed as moot
08/18/2023Petition for Writ of Mandamus disposedDenied
08/18/2023Stay Order lifted  Stay order issued March 17, 2023 is lifted.
08/18/2023Motion to Stay DisposedFiling dismissed as moot Relator's Motion for Temporary Relief dismissed as moot
04/18/2023Reply Brief  Reply Brief on the Merits filed on behalf of Charles Stanley Churchwell.
04/05/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Real Party in Interest's Brief on the Merits is granted. Real Party in Interest's Brief was timely filed on April 4, 2023.
04/04/2023Electronic communication sent to Party  Email sent to opposing counsel to determine stance on Motion for Extension of Time.
04/04/2023Phone call from Clerk's Office  Call made to counsel for Real Party in Interest to request filing fee for Motion for Extension of Time.
04/04/2023Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Mark A. Merlo.
04/04/2023Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Mark A. Merlo
04/03/2023Case Record Filed   Supplemental Mandamus Record filed on behalf of Don D. Ford.
04/03/2023Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Don D. Ford.
03/20/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed by Mark A. Merlo, et al is granted. Further requests for extensions of time will be disfavored Real Party in Interest's brief is due no later than April 3, 2023; and Reply brief is due April 18, 2023.
03/20/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Mark A. Merlo, et al.
03/20/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Real Party in Interest's Brief on the Merits granted. Further requests for extensions of time will be disfavored Real Party in Interest's brief is due no later than April 3, 2023; and Reply brief is due April 18, 2023.
03/17/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Don D. Ford.
03/17/2023Stay Order issued 
03/17/2023Motion to Stay DisposedFiling granted Relator's Second Motion for Temporary Relief granted
03/15/2023Reply to Response to Motion  Reply in Support of Relator's Second Motion for Temporary Relief filed on behalf of Charles Stanley Churchwell.
03/14/2023Supplement to Clerk's/Reporter's Record  Supplemental Mandamus Record filed on behalf of Guardian Ad Litem Don D. Ford.
03/14/2023Response to Motion filed  Guardian Ad Litem's Response to Relator's Second Motion for Temporary Relief filed on behalf of Don D. Ford.
03/14/2023Electronic communication sent to Party  Email sent to all counsel regarding error in notice.
03/14/2023Corrected Notice sent to all counsel  Notices sent to all counsel, reflecting correct due date for Response to Second Motion for Temporary Relief. Due date corrected to March 14, 2023, at 11:59pm.
03/14/2023Letter Filed  Letter filed on behalf of Charles Stanley Churchwell, Jr.
03/13/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Requested Response to Second Motion for Temporary Relief is granted. Response is due no later than March 14, 2023, at 11:59 P.M. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/13/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Relator's Second Motion for Temporary Relief filed on behalf of Guardian ad Litem Don D. Ford.
03/13/2023Call received  Call received from real party in interest verifying we received their requested response.
03/13/2023Response to Motion filed  Response to Second Motion for Temporary Relief filed on behalf of Mark A. Merlo.
03/08/2023Supreme Court of Texas Requested Response  Requested response to Relator's Second Motion for Temporary Relief due no later than 12:00 p.m., Monday, March 13, 2023.
03/07/2023Motion to Stay Filed   Relator's Second Motion for Temporary Relief filed on behalf of Charles Stanley Churchwell, Jr., et al.
02/27/2023Case Record Filed   Mandamus Record filed on behalf of Charles Stanley Churchwell, Jr., et al.
02/27/2023Brief on the Merits  Relator's Brief on the Merits filed on behalf of Charles Stanley Churchwell, Jr., et al.
01/27/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than February 27, 2023; Response brief due March 20, 2023; Reply brief due April 4, 2023.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/03/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Churchwell, Charles StanleyRelatorMr. Robert McGuire
Mr. Rusty O'Kane
Mr. Scott D. Weber
Mr. Colin Byrne
Mr. Jeffrey W. Hellberg Jr.
Mr. Colin Benton
Merlo, Mark A.Real Party in Interest Mr. Michael Caine
Mr. Kenneth Walker
Merlo, KendallReal Party in Interest Mr. Charles McGarry
Don D. Ford III
Merlo, JamesReal Party in Interest Mr. Cleveland Guy Clinton
Gregory W. Sampson
Court of Appeals Information:
Denied 
___ SW3d ___, 09-01-22 
5th Court of Appeals 
Honorable Kathleene Dennise Garcia 
Trial Court Information
Probate Court No 2 
Dallas 
Honorable Ingrid M. Warren 
PR-03799-2