Supreme Court

Case: 23-0365    
23-0365
05/18/2023
Petition for Review/Cause under Rule 53.1
EIS DEVELOPMENT II, LLC 
BUENA VISTA AREA ASSOCIATION, LANCE W. HALL AND HEATHER R. HALL, JASON PAUL SMITHEY, DAVID W. MOLENGRAAF AND KIMBERLEY K. MOLENGRAAF, ALEXANDER E.W.J. SCHINDLER AND ANGELA R. SCHINDLER, AS INDIVIDUALS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/20/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of EIS Development II, LLC.
01/18/2024Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Buena Vista Area Association, et al.
11/29/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of EIS Development II, LLC.
09/11/2023Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of EIS Development II, LLC.
08/22/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Buena Vista Area Ass'n, et al.
05/18/2023Petition for ReviewPetitioner Petition for Review filed on behalf of EIS Development II, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/11/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted in part. Response Brief is due January 18, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due February 2, 2024.
12/11/2023Motion 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 Buena Vista Area Association, et al.
11/29/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of EIS Development II, LLC.
10/26/2023Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due November 29, 2023. Respondent's Brief is due December 19, 2023. Petitioner's Reply Brief is due January 3, 2024. Further requests for extensions of time for this filing will be disfavored.
10/26/2023Motion 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 EIS Development II, LLC.
10/02/2024Oral argument   Argued on behalf of Petitioner by Lance Caughfield; Argued on behalf of Respondents by Brent M Rubin
09/29/2023Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than October 30, 2023; Response brief due November 20, 2023; Reply brief due December 5, 2023.
09/27/2024Letter sent to parties from Supreme Court - See Remarks  Letter stating: "Please be advised that oral arguments set for Wednesday, October 2, 2024 will begin at 10:00 a.m. instead of 9:00 a.m. per the Court’s previous notice.  Cases will be called in the order they are listed on the submission schedules, which are posted on the Court’s website on Friday the week before the arguments. Each argument usually lasts about forty minutes, with a ten-minute break between each argument. You should be present in the courtroom at least ten minutes prior to your oral argument."
09/13/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Buena Vista Area Association, et al. Oral Argument will be presented by Brent M. Rubin of Carrington, Coleman, Sloman & Blumenthal, LLP of Dallas, Texas.
09/11/2023MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply was timely filed September 11, 2023.
09/11/2023Motion 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 EIS Development II, LLC.
09/11/2023Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of EIS Development II, LLC.
08/28/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of EIS Development II, LLC. Oral Argument will be presented by Lance Caughfield of Baker Moran Dogget Ma & Dobbs, LLP of Plano, Texas.
08/22/2023Response to Petition  Response to Petition for Review filed on behalf of Buena Vista Area Ass'n, et al.
07/24/2025Mandate issued  Mandate & Cost Bill Issued
07/14/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due no later than August 23, 2023.
07/13/2023Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Buena Vista Area Ass'n, et al.
06/28/2024Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 2, 2024. Time allotted to argue: 20/20 minutes
06/23/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than July 24, 2023.
06/13/2025Court approved judgment sent to attorneys of recordIssued
06/13/2025Dissenting opinion issued.Issued Justice Lehrmann filed an opinion dissenting in part, in which Justice Huddle and Justice Young joined.
06/13/2025Opinion issuedCourt of Appeals' judgment reversed in part, rendered in part, and remanded to trial court The Court reverses the court of appeals' judgment in part, renders judgment in part, and remands the case to the trial court. Justice Busby delivered the opinion of the Court, in which Justice Boyd, Justice Devine, Justice Bland, and Justice Sullivan joined, in which Chief Justice Blacklock joined as to Part I, and in which Justice Lehrmann, Justice Huddle, and Justice Young joined as to Parts II, III, and IV.
(6/13/2025 11:46:47 AM) 230365d.pdf, 230365.pdf, 23-0365.jmt.pdf
06/05/2023Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of counsel for EIS Development II, LLC.
05/31/2024Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of EIS Development II, LLC.
05/31/2024Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
05/31/2024Petition for Review granted 
05/23/2023Case forwarded to Court 
05/22/2023Response Waiver filed  Response Waiver filed on behalf of Buena Vista Area Association, et al.
05/18/2023Petition for Review  Petition for Review filed on behalf of EIS Development II, LLC.
05/18/2023Clerk's Record 
05/18/2023Supplement to Clerk's/Reporter's Record 
05/18/2023Court reporter/recorder's record 
05/18/2023Supplement to Clerk's/Reporter's Record 
05/18/2023Supplement to Clerk's/Reporter's Record 
05/18/2023Supplement to Clerk's/Reporter's Record 
02/20/2024Reply Brief  Reply Brief on the Merits filed on behalf of EIS Development II, LLC.
01/23/2024Motion 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 February 22, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/23/2024Motion 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 EIS Development II, LLC.
01/18/2024Brief on the Merits  Response Brief on the Merits filed on behalf of Buena Vista Area Association, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/24/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Smithey, Jason PaulRespondentMr. David Lance Currie
Mr. Brent Rubin
Hall, Lance W.RespondentMr. David Lance Currie
Molengraaf, Kimberley K.RespondentMr. David Lance Currie
Schindler, Alexander E.W.J.RespondentMr. David Lance Currie
Buena Vista Area AssociationRespondentMr. David Lance Currie
Mr. Brent Rubin
Hall, Heather R.RespondentMr. David Lance Currie
EIS Development II, LLCPetitionerMr. Lance E. Caughfield
Mr. James P. Moon
Mr. Anthony A. Petrocchi
Schindler, Angela R.RespondentMr. David Lance Currie
Molengraaf, David W.RespondentMr. David Lance Currie
Court of Appeals Information:
Affirmed  
690 SW3d 369, 04-12-23 
8th Court of Appeals 
Honorable Yvonne Rodriguez 
Trial Court Information
40th District Court 
Ellis 
Honorable Bob Carroll 
104809