Supreme Court

Case: 24-0088    
24-0088
02/02/2024
Petition for Review originally filed as 53.7(f)
BIRCH OPERATIONS, INC., AND BIRCH WATERMANIA, LLC 
DARKHORSE WATER, LP 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/03/2024Surreply filedPetitioner Surreply to Motion to Dismiss filed on behalf of Birch Operations, Inc., et al.
10/30/2024Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Birch Operations, Inc., et al.
06/18/2024Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Birch Operations, Inc., et al.
06/03/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Darkhorse Water, LP.
03/06/2024Petition for ReviewPetitioner Petition for Review filed on behalf of Birch Operations, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2024Court approved judgment sent to attorneys of recordIssued
12/20/2024Petition for Review disposedPetition granted pursuant to TRAP 56.2 Pursuant to Texas Rule of Appellate Procedure 56.2, after granting the petition for review and without hearing oral argument or considering the merits, the Court vacates the court of appeals' judgment and opinion and dismisses the case as moot. See Morath v. Lewis, 601 S.W.3d 785, 792 (Tex.2020).
(12/20/2024 11:58:08 AM) 24-0088.jmt.pdf
12/20/2024Motion to dismiss disposedFiling granted Motion to Dismiss granted
12/18/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondents' Brief on the Merits is due no later than January 17, 2025. Petitioner's Reply Brief on the Merits is due February 3, 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  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Darkhorse Water, L.P.
12/03/2024Surreply filed  Surreply to Motion to Dismiss filed on behalf of Birch Operations, Inc., et al.
11/26/2024Reply to Response to Motion  Reply in Support of Motion to Dismiss filed on behalf of Darkhorse Water, LP.
11/19/2024Motion for Extension of Time disposed.Filing granted Respondent’s Motion to Dismiss Without Addressing Merits is currently pending before the Court in the above-referenced case.  Respondent’s motion requested, in the alternative, a 30-day extension of time to file its brief on the merits.  Respondent’s request for extension of time to file brief on the merits is granted and is due no later than Thursday, December 19, 2024. Petitioner’s reply brief is due Friday, January 3, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.  The motion to dismiss remains pending.
11/19/2024Response to Motion filed  Response to Motion to Dismiss filed on behalf of Birch Operations, Inc., et al.
11/15/2024Motion for Extension of Time to File Brief filed  Motion for Extension of Time to File Brief on the Merits, incorporated within Motion to Dismiss, filed on behalf of Darkhorse Water, LP
11/15/2024Motion to dismiss  Motion to Dismiss filed on behalf of Darkhorse Water, LP.
10/30/2024Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Birch Operations, Inc., et al.
10/01/2024Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits granted. Further requests for extensions of time will be disfavored.  Petitioners' brief is due no later than October 30, 2024; Respondent's brief is due November 19, 2024; and Reply brief is due December 4, 2024.
09/30/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Birch Operations, Inc., et al.
08/30/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than September 30, 2024; Response brief due October 21, 2024; Reply brief due November 5, 2024.
06/18/2024Reply to Response  Reply to Response to Petition for Review filed on behalf of Birch Operations, Inc., et al.
06/03/2024Response to Petition  Response to Petition for Review filed on behalf of Darkhorse Water, LP.
05/17/2024Motion 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 June 3, 2024. Further requests for extensions of time for this filing will be disfavored.
05/17/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Darkhorse Water, LP.
04/19/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 20, 2024.
03/19/2024Case forwarded to Court 
03/12/2024Response Waiver filed  Response Waiver filed on behalf of Darkhorse Water, LP.
03/06/2024Petition for Review  Petition for Review filed on behalf of Birch Operations, Inc., et al.
02/02/2024Motion 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 March 6, 2024.
02/02/2024Motion 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 Birch Operations, Inc., et al.
02/02/2024Clerk's Record 
01/06/2025Mandate issued  Mandate & Cost Bill Issued
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/06/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Birch Watermania, LLC.PetitionerMr. Gregg C. Laswell
Mr. Eric Grant
Mr. Allen H. Rustay
Mr. J. Stephen Barrick
Darkhorse Water, LP.RespondentMr. Derek L. Montgomery
Mr. Jeffrey Kuhnhenn
Birch Operations, INC.PetitionerMr. J. Stephen Barrick
Mr. Gregg C. Laswell
Mr. Allen H. Rustay
Court of Appeals Information:
Reverse & Remand 
681 SW3d 900, 12-21-23 
11th Court of Appeals 
Honorable John M. Bailey 
Trial Court Information
118th District Court 
Martin 
Honorable Timothy D. Yeats 
7711