Supreme Court

Case: 24-0135    
24-0135
02/23/2024
Petition for Review/Cause under Tex. R. App. P. 59.1
KEVIN BURKE, JEFFREY SCHWARTZ BURKE, TRACY RUTH BURKE, LUCKY BURKE, CINDY BERNAT, PAM BURKE DAILY, BARBARA BURKE HARBERG, LORI ILENE QUINTA VALLE, FONDA GLAZER, AND KIM BROWN 
HOUSTON PT BAC OFFICE LIMITED PARTNERSHIP (BANK OF AMERICA) 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/30/2025Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Kevin Burke, et al.
05/07/2025Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Houston PT BAC Office Limited Partnership (Bank of America).
02/14/2025Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Kevin Burke, et al.
10/11/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Kevin Burke, et al.
09/11/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Houston PT BAC Office Limited Partnership (Bank of America).
05/03/2024Petition for ReviewPetitioner Petition for Review filed on behalf of Kevin Burke, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2024Motion to withdraw disposed ofFiling granted Motion to Withdraw as Lead Counsel is granted.
12/23/2024Motion to Withdraw Filed  Motion to Withdraw as Lead Counsel filed on behalf of Houston PT BAC Office Limited Partnership.
12/19/2025Court approved judgment sent to attorneys of recordIssued
12/19/2025Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment in part and remands the case to the trial court. Per Curiam Opinion (Justice Devine not participating)
(12/19/2025 1:57:28 PM) 240135pc.pdf, 24-0135.jmt.pdf
(12/19/2025 2:01:05 PM) 240135pc.pdf, 24-0135.jmt.pdf
12/19/2025Petition for Review disposedPetition granted pursuant to TRAP 59.1
12/19/2025Petition for Review granted under TRAP 59.1 
12/04/2024Motion 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 is due on January 15, 2025. Further requests for extensions of time for this filing will be disfavored. Response Brief is due February 4, 2025. Reply Brief is due February 19, 2025.
12/04/2024Motion 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 Kevin Burke, et al.
11/15/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than December 16, 2024; Response brief due January 6, 2025; Reply brief due January 21, 2025.
10/11/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Kevin Burke, et al.
10/11/2024MET 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 October 11, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/11/2024Motion 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 Kevin Burke, et al.
09/11/2024Response to Petition  Response to Petition for Review filed on behalf of Houston PT BAC Office Limited Partnership (Bank of America).
07/30/2024Motion 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  September 11, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/30/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Houston PT BAC Office Limited Partnership (Bank of America).
07/12/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than August 12, 2024.
06/30/2025Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Kevin Burke, et al.
06/19/2025Motion for Extension of Time disposed.Filing granted Second Motion to Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due no later than June 30, 2025. Further requests for extensions of time for this filing will not be considered.
06/18/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Kevin Burke, et al.
06/04/2024Case forwarded to Court 
05/15/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due no later than June 23, 2025.
05/15/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Kevin Burke, et al.
05/07/2025Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Houston PT BAC Office Limited Partnership (Bank of America).
05/03/2024Petition for Review  Petition for Review filed on behalf of Kevin Burke, et al.
03/20/2024Second Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due May 3, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/20/2024Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Kevin Burke, et al.
03/19/2025Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due May 7, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due May 22, 2025.
03/19/2025Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Houston PT BAC Office LP.
02/23/2024Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review is due April 3, 2024.
02/23/2024Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Kevin Burke, et al.
02/23/2024Clerk's Record 
02/20/2025Motion 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 April 7, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due April 22, 2025.
02/20/2025Motion 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 Houston PT BAC Office LP.
02/14/2025Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Kevin Burke, et al.
01/29/2026Mandate issued  Mandate & Cost Bill Issued
01/08/2025Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due February 14, 2025. Further requests for extensions of time for this filing will not be considered. Response Brief is due March 6, 2025. Reply Brief is due March 21, 2025.
01/08/2025Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Kevin Burke, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/29/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Houston PT BAC Office Limited Partnership (Bank of America) RespondentMr. Cody L. Vaughn
Mr. Harris Huguenard
Mr. Joseph A. Fischer III
Ms. Danica Lynn Milios
Mr. Javier Gonzalez Jr.
Mr. Joel Glover
Kevin Burke, Jeffrey Schwartz Burke, Tracy Ruth Burke, Lucky Burke, Cindy Bernat, Pam Burke Daily, Barbara Burke Harberg, Lori Ilene Quinta Valle, Fonda Glazer, and Kim BrownPetitionerMr. Daryl L. Moore
Ms. Kelsi S. White
Mr. Thomas Phillips
Mr. John Ormiston
Mr. Patrick A. Zummo
Mr. Samuel A. Houston  
Court of Appeals Information:
Affirmed  
___ SW3d ___, 01-18-24 
1st Court of Appeals 
Honorable Amparo "Amy" Guerra 
Trial Court Information
129th District Court 
Harris 
Honorable Michael Paul Gomez 
2016-75801A