Supreme Court

Case: 22-0830    
22-0830
09/22/2022
Petition for Review/Cause under Tex. R. App. P. 59.1
LENNAR HOMES OF TEXAS INC.; LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.; LENNAR HOMES OF TEXAS SALES AND MARKETING, LTD. 
MOHAMMAD RAFIEI 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/20/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Lennar Homes of Texas, Inc., et al.
10/05/2023Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Mohammad Rafiei.
08/16/2023Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Lennar Homes of Texas Inc., et al.
02/21/2023Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Lennar Homes of Texas, Inc., et al.
02/06/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Mohammad Rafiei.
10/31/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Lennar Homes of Texas, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/06/2022Case forwarded to Court 
11/30/2022Response Waiver filed  Response Waiver filed on behalf of Mohammad Rafiei.
11/20/2023Reply Brief  Reply Brief on the Merits filed on behalf of Lennar Homes of Texas, Inc., et al.
10/31/2022Petition for Review  Petition for Review filed on behalf of Lennar Homes of Texas, Inc., et al.
10/13/2023Motion 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 November 20, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/13/2023Motion 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 Lennar Homes of Texas, Inc., et al.
10/13/2023Motion to Amend disposedFiling granted Motion to Amend Respondents' Brief on the Merits is granted.
10/12/2023Motion to Amend Filed  Motion to Amend Respondent's Brief on the Merits filed on behalf of Mohammad Rafiei.
10/12/2023Call received  Call received from counsel for Respondent regarding procedure to correct or amend a brief.
10/05/2023Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Mohammad Rafiei.
09/22/2022Motion 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 October 31, 2022.
09/22/2022Motion 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 Lennar Homes of Texas, Inc., et al.
09/22/2022Clerk's Record 
09/22/2022Supplement to Clerk's/Reporter's Record 
08/28/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief on the Merits is due October 5, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due October 20, 2023.
08/28/2023Motion 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 Mohammad Rafiei.
08/18/2023Stay Order issued 
08/18/2023Miscellaneous motion disposed. See Remarks.Filing granted Petitioners' Emergency Motion for Clarification of Stay Order granted
08/16/2023Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Lennar Homes of Texas Inc., et al.
08/03/2023Supreme Court of Texas Requested Response  Requested response to Motion for Clarification of Stay Order due no later than August 14, 2023.
07/31/2023Electronic communication sent to Party  Email sent to counsel for Respondent regarding Motion filed.
07/28/2023Miscellaneous Motion  Motion for Clarification of Stay Order filed on behalf of Lennar Homes of Texas, Inc. et al.
07/17/2023Motion 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 August 16, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due September 5, 2023. Reply brief is due September 20, 2023.
07/14/2023Electronic communication sent to Party  E-mail send to Respondent to determine stance on the Motion.
07/14/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Lennar Homes of Texas, Inc., et al.
07/14/2023Stay Order issued 
07/14/2023Motion to Stay DisposedFiling granted Emergency Motion to Stay Proceedings granted
07/10/2023Response to Motion filed  Response to Emergency Motion to Stay Proceedings filed on behalf of Mohammad Rafiei.
06/30/2023Supreme Court of Texas Requested Response  Requested response to the Emergency Motion to Stay Proceedings due no later than July 10, 2023.
06/30/2023Motion to Stay Filed   Opposed Motion to Stay filed on behalf of Lennar Homes of Texas, Inc., et al.
06/16/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 17, 2023; Response brief due August 7, 2023; Reply brief due August 22, 2023.
05/17/2024Mandate issued  Mandate & Cost Bill Issued
04/05/2024Court approved judgment sent to attorneys of recordIssued
04/05/2024Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. Per Curiam Opinion
(4/5/2024 12:53:41 PM) 220830pc.pdf, 22-0830.jmt.pdf
04/05/2024Petition for Review disposedPetition granted pursuant to TRAP 59.1
04/05/2024Petition for Review granted under TRAP 59.1 
04/05/2024Stay Order lifted  Stay order issued August 18, 2023 is lifted.
04/05/2024Stay Order lifted  Stay order issued July 14, 2023 is lifted.
02/21/2023Reply to Response  Reply in support of Petition for Review filed on behalf of Lennar Homes of Texas, Inc., et al.
02/09/2024Call received  Call received from Respondent regarding Amended Response Brief on the Merits.
02/06/2023Response to Petition  Response to Petition for Review filed on behalf of Mohammad Rafiei.
01/06/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than February 6, 2023.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/17/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Rafiei, MohammadRespondentMr. Jim S. Hart
Michael Samaniego
Alma Reyes
Ms. Emily Vechan
Mr. Cesar Tavares
Lennar Homes of Texas Inc.; Lennar Homes of Texas Land and Construction, Ltd.; Lennar Homes of Texas Sales and Marketing, Ltd.PetitionerMs. Avery Sheppard
Ms. Margaret E. Bryant  
Mr. Timothy F. Lee
Mr. J. Don Jackson
Court of Appeals Information:
Affirmed  
652 SW3d 532, 08-16-22 
14th Court of Appeals 
Honorable Gerald L. '(Jerry)' Zimmerer 
Trial Court Information
80th District Court 
Harris 
Honorable Jeralynn Manor 
2021-11954