Supreme Court

Case: 23-0721    
23-0721
09/05/2023
Petition for Writ of Mandamus
IN RE ROY J. ELIZONDO, III 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/15/2024Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Andrew Smallbone.
01/15/2024Brief on the MeritsRelator Relator's Brief on the Merits filed on behalf of Roy J. Elizondo, III.
12/01/2023Reply to Petition for Writ of MandamusRelator Reply in Support of Petition for Writ of Mandamus filed on behalf of Roy J. Elizondo.
11/13/2023Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Andrew Smallbone.
09/05/2023Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of Roy J. Elizondo III.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/15/2023Brief on the Merits Ordered  Brief on the merits requested: Relator's brief due no later than January 16, 2024; Response brief due February 5, 2024; Reply brief due February 20, 2024.
12/01/2023Reply to Petition for Writ of Mandamus  Reply in Support of Petition for Writ of Mandamus filed on behalf of Roy J. Elizondo.
11/13/2023Response to Petition for Writ of Mandamus Filed  Response to Petition for Writ of Mandamus filed on behalf of Andrew Smallbone.
11/06/2023Call received  Call received from counsel for Real Party regarding Response due.
10/15/2024Case Stored  e-stored
10/13/2023Supreme Court of Texas Requested Response  Requested response to the petition for writ of mandamus due no later than November 13, 2023.
09/12/2023Case forwarded to Court 
09/05/2023Phone call from Clerk's Office  Call made to Relator regarding filing.
09/05/2023Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of Roy J. Elizondo III.
08/30/2024Motion to dismiss disposedFiling dismissed as moot Second Motion to Dismiss for Lack of Jurisdiction dismissed as moot
08/30/2024Motion to dismiss disposedFiling dismissed as moot Motion to Dismiss for Lack of Jurisdiction dismissed as moot
08/30/2024Petition for Writ of Mandamus disposedDenied
05/15/2024Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Andrew Smallbone.
04/18/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Real Party in Interest's Brief on the Merits is granted. Real Party in Interest's Brief is due May 15, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due May 30, 2024.
04/17/2024Response to Motion filed  Response to Second Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Roy J. Elizondo, III.
04/12/2024Motion 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 Andrew Smallbone.
04/12/2024Reply to Response to Motion  Reply in Support of Second Motion to Dismiss filed on behalf of Andrew Smallbone.
04/12/2024Notice from Counsel of a change in address  Notice of Change of Address filed on behalf of Counsel for Andrew Smallbone.
04/10/2024Response to Motion filed  Relator's Response to Second Motion to Dismiss filed on behalf of Roy J. Elizondo III.
04/05/2024Electronic communication sent to Party  Email sent to Relator regarding Motion filed.
04/05/2024Motion to dismiss  Second Motion to Dismiss filed on behalf of Andrew Smallbone.
03/26/2024Abatement Order Lifted  Abatement Order Issued February 12, 2024, lifted
03/26/2024Petition for Writ of Mandamus reinstated   Letter sent stating: "Today the Supreme Court lifted the abatement order issued February 12, 2024 and reinstated the petition for writ of mandamus in the above-referenced case. Real party in interest’s response brief is due no later than Monday, April 15, 2024. Relators shall file any reply brief by Tuesday, April 30, 2024."
03/19/2024Letter Filed  Letter filed on behalf of Roy J. Elizondo, III.
02/12/2024Order of the Court IssuedMatter in Supreme Court of Texas Abated This case is abated until further order of this Court and is removed from the Court’s active docket. It is the parties' responsibility to immediately notify this Court once the court of appeals' decision is final.
02/12/2024Petition for Writ of Mandamus disposedMatter in Supreme Court of Texas Abated
02/07/2024Response to Motion filed  Response to Motion to Dismiss filed on behalf of Roy J. Elizondo, III.
02/02/2024Notice of Appearance  Notice of Appearance filed on behalf of Andrew Fishbone.
02/02/2024Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Real Party in Interest's Brief on the Merits is granted. Real Party's Brief is due March 6, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED; Reply Brief is due March 21, 2024.
02/02/2024Motion 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 Andrew Fishbone.
02/02/2024Electronic communication sent to Party  Email sent to Relator regarding Motion filed.
02/02/2024Motion to dismiss  Motion to Dismiss filed on behalf of Andrew Fishbone.
02/02/2024Call received  Call received from counsel regarding notice of appearance.
01/15/2024Brief on the Merits  Relator's Brief on the Merits filed on behalf of Roy J. Elizondo, III.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/15/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Smallbone, AndrewReal Party in Interest Ms. Kirsten M. Castañeda
Ms. Alexandra W. Albright
Ms. Nicole T. LeBoeuf
Ms. Jigyasa Singla
Elizondo, III, Roy J.RelatorMr. Roy Elizondo III
Court of Appeals Information:
Still Pending 
__ SW3d ___, 03-07-24 
13th Court of Appeals 
Honorable Nora L. Longoria 
Trial Court Information
148th District Court 
Nueces 
Honorable David Klein 
2023DCV-0482-E