Supreme Court

Case: 23-0742    
23-0742
09/11/2023
Petition for Review/Cause under Rule 53.1
COCKRELL INVESTMENT PARTNERS, L.P. 
MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT AND ITS BOARD PRESIDENT JERRY MCGUAIRT; REPUBLIC WATER COMPANY OF TEXAS, LLC; AND FORT STOCKTON HOLDINGS, L.P. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/03/2025Exhibits in case/cause filedPetitioner Petitioner's Oral Argument Exhibits filed 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 of Midland, Texas.
01/13/2025Brief on the MeritsPetitioner Reply Brief on the Merits filed on behalf of Cockrell Investment Partners, LP.
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 Respodnent'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.
10/27/2023Petition 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 Reply Brief on the Merits is granted. 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 filed  Motion for Extension of Time to file 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  Respodnent'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, LP.
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  Petitioner's Oral Argument Exhibits filed 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 Response Brief on the Merits is granted. Response Brief is due November 25, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED Reply Brief is due December 10, 2024.
10/29/2024Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Middle Pecos Groundwater Conservation District, et al.
10/27/2023Petition 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 of 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, L.L.P. of Austin, Texas.
10/21/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received 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.
10/21/2025Letter Filed  Letter from respondent attorney noting who will be arguing on behalf of respondent during oral argument..
10/21/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Cockrel Investment Partners, L.P. Oral Argument will be presented by Denise Drake of Gibbs & Bruns, L.L.P. of Houston, Texas.
10/20/2025Call received  Call received from Petitioner's Counsel.
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 27, 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.
09/11/2023Motion 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 27, 2023.
09/11/2023Motion 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.
09/11/2023Court reporter/recorder's record 
09/11/2023Clerk's Record 
09/11/2023Court reporter/recorder's record 
08/09/2024Motion for Extension of Time disposed.Filing granted Second Joint Motion for Extension of Time to file Briefs on the Merits granted. Petitioner's brief is due September 13, 2024; Respondent's brief is due November 4, 2024; and Reply brief is due November 19, 2024. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED.
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.
07/31/2024Notice of Appearance  Notice of Appearance and Designation of Lead Counsel filed on behalf of Middle Pecos Groundwater Conservation District, et al.
07/19/2024Motion 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 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 cause no. 23-0593 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 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 the 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 Cockrell Investment Partners, L.P.
05/30/2025Case set for oral argumentCase set for oral argument Consolidated for oral argument with 23-0593.  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 Middle Pecos Groundwater Conservation District.  Mr. Jose E. de la Fuente will be on vacation July 4-12, 2025 and July 25-August 3, 2025.
04/04/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Consolidated for oral argument with case no. 23-0593)
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. 23-0593
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 11:58:00 AM) 230593_230742.pdf, 23-0742.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.
02/27/2024Response 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, LP.
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▲▼
Cockrell Investment Partners, L.P.PetitionerMs. Leslie S. Hyman  
Mr. Barrett H. Reasoner
Mr. Ross MacDonald
Ms. Anna K. MacFarlane
Mr. Ryan C. Reed
Mr. Sam W. Cruse III
Devin D. Benson
Mr. Conor McEvily  
Ms. Denise L. Drake
Fort Stockton Holdings, L.P.RespondentMr. Edmond R. McCarthy III
Mr. T. Mark Tisdale
Mr. Gary E. Zausmer
Mr. Edmond R. McCarthy Jr.
Ms. Shelby L. O'Brien  
Republic Water Company of Texas, LLCRespondentMs. Stacey Reese
Middle Pecos Groundwater Conservation District and its Board President Jerry McGuairtRespondentMs. Sydney Sadler
Mr. James Muela
Mr. C. Cole Ruiz
Mr. Jose E. De La Fuente
Mr. Jacobs C.S. Steen
Mr. Michael A. Gershon
Court of Appeals Information:
Affirmed  
677 SW3d 727, 02-16-23 
8th Court of Appeals 
Honorable Gina M. Palafox  
Trial Court Information
112th District Court 
Pecos 
Honorable Stephen Ables 
P-12176-112-CV