Supreme Court

Case: 23-0593    
23-0593
07/28/2023
Petition for Review/Cause under Rule 53.1
COCKRELL INVESTMENT PARTNERS, L.P. 
MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT; TY EDWARDS, IN HIS OFFICIAL CAPACITY AS GENERAL MANAGER OF THE MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT; AND FORT STOCKTON HOLDINGS, L.P. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/03/2025Exhibits in case/cause filedPetitioner Oral Argument Exhibits submitted on behalf of Cockrell Investment Partners, L.P.
10/24/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the City of Midland, submitted by David W. Lauritzen of Cotton, Bledsoe, Tighe & Dawson, Midland, Texas.
01/13/2025Brief on the MeritsPetitioner Reply Brief on the Merits filed on behalf of Cockrell Investment Partners, L.P.
11/25/2024Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Fort Stockton Holdings, L.P.
11/25/2024Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Middle Pecos Groundwater Conservation District, et al.
09/13/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Cockrell Investment Partners, L.P.
03/28/2024Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Cockrell Investment Partners, L.P.
02/27/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Middle Pecos Groundwater Conservation District, et al.
02/27/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Fort Stockton Holdings L.P.
10/25/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Cockrell Investment Partners, L.P.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than January 29, 2024.
12/18/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due January 13, 2025. Further requests for extensions of time for this filing will not be considered.
12/17/2024Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Cockrell Investment Partners, L.P.
12/03/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Petitioner's Reply Brief is due December 27, 2024. Further requests for extensions of time for this filing will be disfavored.
12/02/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Cockrell Investment Partners, L.P.
11/28/2023Case forwarded to Court 
11/25/2024Brief on the Merits  Response Brief on the Merits filed on behalf of Fort Stockton Holdings, L.P.
11/25/2024Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Middle Pecos Groundwater Conservation District, et al.
11/25/2024Notice of Appearance  Notice of Appearance filed on behalf of Fort Stockton Holdings, L.P.
11/09/2023Response Waiver filed  Response Waiver filed on behalf of Fort Stockton Holdings, L.P.
11/09/2023Response Waiver filed  Response Waiver filed on behalf of Middle Pecos Groundwater Conservation District, et al.
11/04/2025Oral argument   Argued on behalf of Petitioner by Denise Drake; Argued on behalf of Respondent, Middle Pecos Groundwater Conservation District, et al., by Jose E. de la Fuente; Argued on behalf of Respondent, Fort Stockton Holdings, L.P., by Edmond R. McCarthy, Jr.
11/03/2025Exhibits in case/cause filed  Oral Argument Exhibits submitted on behalf of Cockrell Investment Partners, L.P.
10/29/2024Motion for Extension of Time disposed.Filing granted 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 November 25, 2024. Petitioner's Reply Brief is due December 10, 2024. Further requests for extensions of time for this filing will be disfavored.
10/29/2024Motion for Extension of Time to File Brief filed  Respondents' Unopposed Joint Motion for Extension of Time to file Respondents' Briefs on the Merits filed on behalf of Middle Pecos Groundwater Conservation District, et al.
10/25/2023Petition for Review  Petition for Review filed on behalf of Cockrell Investment Partners, L.P.
10/24/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the City of Midland, submitted by David W. Lauritzen of Cotton, Bledsoe, Tighe & Dawson, Midland, Texas.
10/21/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Middle Pecos Groundwater Conservation District, et al. Oral Argument will be presented by Edmond R. McCarthy, Jr. of McCarthy & McCarthy, LLP of Austin, Texas.
10/21/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Middle Pecos Groundwater Conservation District, et al. Oral argument will be presented by Jose E. de la Fuente of Lloyd Gosselink Rochelle & Townsend, of Austin, Texas.
10/21/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Cockrell Investment Partners, L.P. Oral Argument will be presented by Denise Drake of Gibbs & Bruns LLP of Houston, Texas.
10/21/2025Letter Filed  Letter filed on behalf of Middle Pecos Groundwater Conservation District.
09/19/2023Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for REview granted. Further requests for extensions of time will be disfavored. Petition for Review is due no later than October 25, 2023.
09/18/2023Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Cockrell Investment Partners, L.P.
09/13/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Cockrell Investment Partners, L.P.
08/07/2024Motion for Extension of Time disposed.Filing granted Second Joint Motion for Extension of Time to file Briefs on the Merits granted. No further extensions of time will be considered.  Petitioner's brief is due September 13, 2024; Respondent's brief is due November 4, 2024; and Reply brief is due November 19, 2024.
08/06/2024Motion for Extension of Time to File Brief filed  Second Joint motion for Extension of Time to file Briefs on the Merits filed on behalf of Cockrell Investments Partners, L.P., et al.
07/31/2024Designation of Lead Counsel   Designation of Lead Counsel and Notice of Appearance of Additional Counsel filed on behalf of Middle Pecos Groundwater Conservation District, et al.
07/28/2023Motion 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 September 25, 2023.
07/28/2023Motion 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 Cockrell Investment Partners, L.P.
07/28/2023Clerk's Record 
07/28/2023Supplement to Clerk's/Reporter's Record 
07/28/2023Court reporter/recorder's record 
07/22/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due October 3, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due October 18, 2024.
07/19/2024Motion for Extension of Time to File Brief filed  Unopposed Joint Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Middle Pecos Groundwater Conservation District, et al.
07/01/2024Notice of Appearance  Notice of Appearance filed on behalf of Cockrell Investment Partners, L.P.
06/27/2025Submission resetCase set for oral argument This cause has been reset for consolidated oral argument with 23-0742 at 9:00 a.m., November 4, 2025. Time allotted to argue: 20/20 minutes
06/27/2025Motion to re-set submission date disposedFiling granted Petitioner's Unopposed Motion to Reset Oral Argument granted
06/27/2024Motion 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 14, 2024. Further requests for extensions of time for this filing will be disfavored. Response Brief is due on September 3, 2024. Reply Brief is due September 18, 2024.
06/27/2024Motion 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 Cockrell Investment Partners, L.P.
06/24/2025Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of Counsel for Middle Pecos Groundwater Conservation District.
06/14/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 15, 2024; Response brief due August 5, 2024; Reply brief due August 20, 2025.
06/09/2025Motion to re-set submission date filed.  Unopposed Motion to Reset Oral Argument filed on behalf of Cockerell Investment Partners, L.P.
05/30/2025Case set for oral argumentCase set for oral argument Consolidated for oral argument with 23-0742.  This cause has been set for oral argument at 9:00 a.m., September 10, 2025. Time allotted to argue: 20/20 minutes
04/27/2026Case Stored  e-stored
04/24/2026Mandate issued  Mandate & Cost Bill Issued
04/24/2025Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of counsel for Respondent.
04/04/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Consolidated for oral argument with 23-0742)
04/04/2025Petition for Review granted 
03/28/2024Reply to Response  Reply in Support of Petition for Review filed on behalf of Cockrell Investment Partners, L.P.
03/13/2026Court approved judgment sent to attorneys of recordIssued
03/13/2026Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals Cause consolidated for oral argument with cause no. 23-0742
The Court reverses the court of appeals' judgments and remands the cases to that court. Justice Sullivan delivered the opinion of the Court.
(3/13/2026 11:55:03 AM) 230593_230742.pdf, 23-0593.jmt.pdf
03/05/2024MET 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 March 28, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/04/2024Motion 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 Cockrell Investment Partners, L.P.
02/28/2024Call received  Call from counsel regarding comments for accepted response filing in the efile system.
02/28/2024Call received  Call received from counsel regarding response filed.
02/27/2024Response to Petition  Response to Petition for Review filed on behalf of Fort Stockton Holdings L.P.
02/27/2024Response to Petition  Response to Petition for Review filed on behalf of Middle Pecos Groundwater Conservation District, et al.
01/13/2025Brief on the Merits  Reply Brief on the Merits filed on behalf of Cockrell Investment Partners, L.P.
01/05/2024Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due February 27, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/05/2024Motion for Extension of Time to File Response  Unopposed Joint Motion for Extension of Time to file Response to Petition for Review filed on behalf of Middle Pecos Groundwater Conservation District, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/27/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Middle Pecos Groundwater Conservation District and Ty Edwards, General ManagerRespondentMr. Michael A. Gershon
Mr. C. Cole Ruiz
Mr. Jose E. De La Fuente
Mr. Jacobs C.S. Steen
Ms. Sydney Sadler
Mr. James Muela
City of San Angelo and City of AbileneRespondentMr. Jason Tod Hill
Cockrell Investment Partners, L.P.PetitionerMr. Sam W. Cruse III
Mr. Barrett H. Reasoner
Ms. Denise L. Drake
Mr. Ross MacDonald
Ms. Leslie S. Hyman  
Devin D. Benson
Mr. Ryan C. Reed
Mr. Conor McEvily  
Ms. Anna K. MacFarlane
Fort Stockton Holdings, L.P.RespondentMr. Edmond R. McCarthy Jr.
Mr. Gary E. Zausmer
Mr. Edmond R. McCarthy III
Mr. T. Mark Tisdale
Ms. Shelby L. O'Brien  
City of MidlandAmicus CuriaeMr. David W. Lauritzen
Mr. Aaron Matthew Dorfner
Mr. Samuel Stennis  
Court of Appeals Information:
Affirmed  
676 SW3d 677, 07-10-23 
8th Court of Appeals 
Honorable Gina M. Palafox  
Trial Court Information
83rd District Court 
Pecos 
Honorable Stephen B. Ables 
P-8277-83-CV