Supreme Court

Case: 23-0447    
23-0447
06/13/2023
Petition for Review/Cause under Rule 53.1
TEXAS WINDSTORM INSURANCE ASSOCIATION 
STEPHEN PRUSKI 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/07/2024Brief on the MeritsAmicus Curiae Brief filed on behalf of Pro Bono Committee Appointed Amicus Attorney.
11/17/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of United Policyholders submitted by Jeffrey Raizner of Raizner Slania LLP of Houston, Texas.
10/30/2023Brief on the MeritsRespondent Brief on the Merits filed on behalf of Stephen Pruski.
10/11/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Windstorm Insurance Association.
07/03/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Stephen Pruski.
06/13/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Windstorm Insurance Association.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Stephen Pruski.
12/27/2023Letter Filed  Letter filed regarding Pro Bono Committee recommendation of Amicus Attorney.
12/22/2023Letter sent to parties from Supreme Court - See Remarks  Letter sent to Pro Bono Committee Liaison stating: "The Court previously referred this matter to the State Bar of Texas Appellate Section’s Pro Bono Committee and was notified that Respondent indicated he does not meet the Program’s eligibility requirements.  The Court has now set this case for oral argument on February 21, 2024, and is supplementing its referral to request that the Pro Bono Committee attempt to locate a volunteer lawyer to serve as an Amicus Attorney for the purpose of defending the court of appeals’ judgment. The attorney’s duties would consist of submitting supplemental briefing if the attorney deems it appropriate and participating in oral argument. Please inform us when you are able to locate an attorney to serve in this role, at which point we will issue an order appointing the attorney and setting supplemental briefing deadlines. Please update us accordingly if you are unable to locate a suitable volunteer within 14 days of receipt of this letter."
12/19/2023Call received  Call from Respondent regarding oral argument information.
12/15/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 21, 2024. Time allotted to argue: 20/20 minutes
12/15/2023Petition for Review disposedFiling granted
12/15/2023Petition for Review granted 
11/17/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of United Policyholders submitted by Jeffrey Raizner of Raizner Slania LLP of Houston, Texas.
10/30/2023Brief on the Merits  Brief on the Merits filed on behalf of Stephen Pruski.
10/12/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted.  Petitioner's brief is timely filed on October 11, 2023; Respodnent's brief is due October 31, 2023; and Reply brief November 15, 2023.
10/11/2023Motion 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 Texas Windstorm Insurance Association.
10/11/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Windstorm Insurance Association.
09/11/2023Phone call from Clerk's Office  Call made to Petitioner regarding letter received on September 11, 2023.
09/08/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than October 9, 2023; Response brief due October 30, 2023; Reply brief due November 14, 2023.
09/08/2023Letter Filed  Letter filed on behalf of Stephen Pruski.
09/07/2023Letter Filed  Letter filed by Supreme Court Pro Bono Program Liaison stating pro se respondent, Stephen Pruski, will not be seeking counsel through the Pro Bono Program.
09/05/2023Call received  Call from Respondent regarding eligibility for Pro Bono Program.
09/01/2023Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Referral to Pro Bono Program letter sent to parties
07/05/2023Case forwarded to Court 
07/03/2023Response to Petition  Response to Petition for Review filed on behalf of Stephen Pruski.
06/21/2024Mandate issued  Mandate & Cost Bill Issued
06/13/2023Petition for Review  Petition for Review filed on behalf of Texas Windstorm Insurance Association.
06/13/2023Court reporter/recorder's record 
06/13/2023Clerk's Record 
06/13/2023Supplement to Clerk's/Reporter's Record 
05/10/2024Court approved judgment sent to attorneys of recordIssued
05/10/2024Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Lehrmann delivered the opinion of the Court.
(5/10/2024 3:25:51 PM) 230447.pdf, 23-0447.jmt.pdf
02/21/2024Oral argument   Argued on behalf of Petitioner by Stephen Barrick; Argued on behalf of Respondent by Stephen Pruski ( Pro Se); Argued on behalf of Amicus Counsel (appointed by the Court to defend the court of appeals' judgment) by David Campbell
02/09/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of the Pro Bono Committee Amicus Attorney. Oral Argument will be presented by David Campbell of O'Hanlon, Demerath & Castillo, Austin, Texas.
02/07/2024Brief on the Merits  Brief filed on behalf of Pro Bono Committee Appointed Amicus Attorney.
02/02/2024Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Amicus Brief is granted. Amicus Brief is due February 7, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/02/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Amicus Brief filed on behalf of the Pro Bono Committee Appointed Amicus Attorney.
01/19/2024Oral Argument Submission Form from Attorney received  Oral Argument submission form submitted on behalf of Texas Windstorm Insurance Association. Oral Argument will be presented by Stephen Barrick of Hicks Thomas LLP of Houston, Texas.
01/03/2024Order of the Court IssuedIssued The Court appointed amicus counsel to defend the court of appeals' judgment who will share respondent's time at oral argument.  The Court invites amicus counsel to submit briefing defending the court of appeals' judgment. Amicus counsel is requested to submit briefing in this cause. The deadline to submit
a brief is February 2, 2024. Time allotted to argue: 20/5/15 minutes
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/21/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Pruski, Stephen RespondentMr. Stephen Pruski
Texas Windstorm Insurance AssociationPetitionerMr. James R. Old Jr.
Mr. Jay N. Gross
Mr. J. Stephen Barrick
Pro Bono Committee Appointed Amicus AttorneyAmicus CuriaeMr. David Campbell
United PolicyholdersAmicus CuriaeMr. Jeffrey L. Raizner
Court of Appeals Information:
Reverse & Remand 
667 SW3d 460, 02-23-23 
13th Court of Appeals 
Honorable Clarissa Silva 
Trial Court Information
117th District Court 
Nueces 
Honorable Sandra Watts 
2020DCV-2256-B