Supreme Court

Case: 24-0694    
24-0694
08/26/2024
Petition for Review under Tex. R. App. P. 53.1
ELIZABETH THOMAS, JAMES ALLEN, ALLAN HAYE, ROBERT THOMAS, AND JAMES ANDERSEN 
PCF PROPERTIES IN TX, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/02/2024Amended Petition for Review filedEvent related to subsequent petition filed in case. Joint Amended Petition for Review filed on behalf of James M. Andersen, et al.
12/02/2024Amended PetitionEvent related to subsequent petition filed in case. Amended Petition for Review filed on behalf of James Allen.
12/02/2024Amended Petition for Review filedPetitioner Fourth Amended Petition for Review filed on behalf of Robert L. Thomas.
10/07/2024Petition for Review #3Petitioner Petition for Review filed on behalf of James M. Andersen.
10/07/2024Petition for Review #2Petitioner Petition for Review filed on behalf of James Allen.
09/12/2024Amended PetitionPetitioner Third Amended Petition for Review filed on behalf of Robert L. Thomas.
08/28/2024Amended PetitionPetitioner Amended Petition for Review filed on behalf of Robert Thomas.
08/26/2024Petition for ReviewPetitioner Petition for Review filed on behalf of Robert L. Thomas.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2024Letter Filed  Letter noticing court of appeal filed in federal court filed on behalf of James M. Anderson, et al.
12/27/2024Letter Filed  Letter noticing court of appeal filed in federal court filed on behalf of James M. Anderson, et al.
12/16/2024Motion to Strike filed  Motion to Strike Response to Withdrawal as Lead Counsel filed by Alzadia Spires of the Spires Law firm P.L.L.C.
12/12/2024Letter Filed  Attorney Alzadia Spires Reply to Attorney John V. Burger Response to Withdrawal as Lead Counsel.
12/12/2024Letter Filed  Letter filed on behalf of Robert L. Thomas.
12/11/2024Letter Filed  Reply to Response to Withdrawal as Lead Counsel filed on behalf of PCF Properties in TX, LLC.
12/10/2024Notice received  Notice of Withdrawal of Lead Counsel filed on behalf of PCF Properties in TX, LLC.
12/10/2024Phone call from Clerk's Office  Call to counsel to confirm multiple notices of withdrawal were filed. A notice for the separate petitions were filed per counsel.
12/10/2024Notice received  Notice of Withdrawal of Lead Counsel filed on behalf of PCF Properties in TX, LLC.
12/09/2024Motion to Strike filed  Motion to Strike filed on behalf of Robert L. Thomas.
12/09/2024Document filed (see remarks)  Amended Notice of Removal filed on behalf of Robert L. Thomas.
12/09/2024Document filed (see remarks)  Notice of Remand Order filed on behalf of Robert L. Thomas.
12/08/2024Document filed (see remarks)  Certificate of Non-Service filed on behalf of Robert Thomas.
12/04/2024Response to Motion filed  Response to Motions to Dismiss and Motion to Withdraw as Counsel filed on behalf of PCF Properties in TX, LLC.
12/03/2024Call received  Call from counsel, John Burger, regarding status of case.
12/02/2024Amended Petition for Review filed  Joint Amended Petition for Review filed on behalf of James M. Andersen, et al.
12/02/2024Motion to dismiss  Joint Motion to Dismiss filed on behalf of James M. Anderson, et al.
12/02/2024Amended Petition  Amended Petition for Review filed on behalf of James Allen.
12/02/2024Amended Petition for Review filed  Fourth Amended Petition for Review filed on behalf of Robert L. Thomas.
12/02/2024Notice received  Notice of Withdrawal of Lead Counsel filed on behalf of PCF Properties in TX, LLC.
12/02/2024Amendment to Motion filed   Amended Motion to Dismiss filed on behalf of James Allen.
12/02/2024Amendment to Motion filed   Amended Motion to Dismiss filed on behalf of Robert Thomas.
11/26/2024Call received  Call received from petitioner.
11/25/2024Letter Filed  Letter filed on behalf of Robert Thomas, et al.
11/25/2024Motion to dismiss  Motion to Dismiss filed on behalf of James Allen.
11/25/2024Miscellaneous Motion  Motion to Lift Abatement filed on behalf of Robert Thomas.
11/22/2024Miscellaneous Motion  Motion to Lift Abatement filed on behalf of PCF Properties in TX, LLC.
10/29/2024Call received  Call received from Petitioner regarding status of case.
10/14/2024Electronic communication received from Party  Email received from Petitioner, counsel for Respondent, and District Court Clerk.
10/12/2024Letter Filed  Letter filed on behalf of Robert Thomas, et al.
10/12/2024Suggestion of Bankruptcy   Suggestion of Bankruptcy filed on behalf of Robert Thomas.
10/10/2024Document filed (see remarks)  Notice of Removal filed on behalf of James M. Andersen.
10/08/2024Miscellaneous Motion  Emergency Motion to Lift Abatement, Objection, and Status Report filed on behalf of Robert L. Thomas, et al.
10/08/2024Call received  Call received from petitioner regarding clarification on abatement.
10/08/2024Electronic communication received from Party  Email received from Mr. John Burger.
10/07/2024Petition for Review disposedMatter in Supreme Court of Texas Abated
10/07/2024Petition for Review disposedMatter in Supreme Court of Texas Abated
10/07/2024Electronic communication sent to Party  Email sent to counsel regarding documents received.
10/07/2024Petition for Review #3  Petition for Review filed on behalf of James M. Andersen.
10/07/2024Petition for Review #2  Petition for Review filed on behalf of James Allen.
10/02/2024Call received  Call received from office of counsel for respondent regarding status of motion.
10/01/2024Call received  Call from party regarding status of emergency motion to dismiss.
10/01/2024Call received  Call received from Petitioner.
09/29/2024Motion to dismiss  Emergency Request to be Heard by October 1, 2024 on Motion to Reinstate for Voluntary Dismissal filed on behalf of Robert L. Thomas.  
09/26/2024Status report filed  Status Report filed on behalf of Robert Thomas.
09/20/2024Order of the Court IssuedMatter in Supreme Court of Texas Abated This case is removed from the Court's active docket until November 19, 2024, by which time the parties must file either a status report or a motion to lift the order of abatement.
09/20/2024Petition for Review disposedMatter in Supreme Court of Texas Abated
09/16/2024Notice from Counsel of a change in address  Change of Address filed on behalf of Robert Thomas.
09/16/2024Description of document returned to Supreme Court  Mail returned for Elizabeth Thomas.
09/16/2024Description of document returned to Supreme Court  Mail returned for Mr. Robert Thomas.
09/13/2024Additional Copies received  Copy of Third Amended Joint Motion to Dismiss Appeal as Moot filed on behalf of Robert Thomas.
09/12/2024Document filed (see remarks)  Third Amended Joint Motion to Dismiss Appeal as Moot filed on behalf of Robert Thomas.
09/12/2024Letter Filed  Letter filed on behalf of Robert L. Thomas.
09/12/2024Miscellaneous Motion  Motion to Take Judicial Notice filed on behalf of Robert L. Thomas.
09/12/2024Amended Petition  Third Amended Petition for Review filed on behalf of Robert L. Thomas.
09/09/2024Call received  Call received from Petitioner.
09/08/2024Letter Filed  Letter filed on behalf of Robert Thomas, et al.
09/05/2024Response to Motion filed  Objection to Designation of Alzadia Spires as Lead Counsel for Respondent and Limited Objection to Joint Dismissal of Appeals for Want of Jurisdiction filed on behalf of PCF Properties in TX, LLC.
09/05/2024Motion to Dismiss for Want of Jurisdiction filed  Joint Motion to Dismiss for Want of Jurisdiction filed on behalf of Robert L. Thomas, et al., and PCF Properties in TX, LLC.
09/05/2024Call received  Call from Alzadia Spires regarding notice of designation of lead counsel filed yesterday at 11:23pm.
09/04/2024Designation of Lead Counsel   Designation of Lead Counsel for Alzadia Spires, filed on behalf of PCF Properties in TX, LLC.
09/04/2024Letter sent to parties from Supreme Court - See Remarks  Letter sent stating: "Today the Supreme Court of Texas struck the August 28, 2024 waiver letter filed by Alzadia Spires, purportedly on behalf of respondent, in the above-referenced case.  The Court strikes the waiver letter with the following notation: “The August 28, 2024 waiver letter violates Texas Rules of Appellate Procedure 6.1(b) and 6.2 and is struck.  As noted in the court of appeals’ order issued April 25, 2024, nothing in the record reflects that attorney Alzadia Spires represents respondent.  See also Tex. R. App. P. 53.3 (providing that only a “party to the appeal” may file a response to a petition for review or a waiver of response).”
09/04/2024Motion to Dismiss for Want of Jurisdiction filed  Joint Motion to Dismiss for Want of Jurisdiction filed on behalf of Robert L. Thomas, et al., and PCF Properties in TX, LLC.
09/03/2024Letter Filed  Letter filed on behalf of PCF Properties in TX, LLC.
08/29/2024Letter Filed  Letter filed on behalf of PCF Properties in TX, LLC.
08/29/2024Call received  Call received from Mr. Burger on behalf PCF Properties in TEX, LLC.
08/29/2024Document filed (see remarks)  Document filed on behalf of Robert L. Thomas.
08/28/2024Response Waiver filed  STRUCK Response Waiver filed on behalf of PCF Properties in TX, LLC.
08/28/2024Amended Petition  Amended Petition for Review filed on behalf of Robert Thomas.
08/27/2024Call received  Call received from Petitioner regarding status of case.
08/26/2024Affidavit of Inability to Pay Court Costs  Affidavit of Inability to Pay Court Costs filed on behalf of Robert L. Thomas.
08/26/2024Petition for Review  Petition for Review filed on behalf of Robert L. Thomas.
08/26/2024Court reporter/recorder's record 
08/26/2024Supplement to Clerk's/Reporter's Record 
08/26/2024Clerk's Record 
07/03/2025Call received  Call received from Petitioner regarding status of case.
05/12/2025Notice received  Notice Received from United States District Court for the Southern District of Texas.
03/28/2025Notice received  Notice of Removal filed on behalf of Robert Thomas, et al. and P.C.F. Properties in TX, LLC.
03/28/2025Response to Motion filed  Response to Notice of Nonsuit and Motion to Declare Nonsuit a Dismissal filed on behalf of PCF Properties in TX, LLC.
03/26/2025Court reporter/recorder's record 
03/25/2025Notice received  Notice of Finding of Facts Hearing filed on behalf of PCF Investments Inc.
03/23/2025Miscellaneous Motion  Motion to Declare Petitioners' Non-suit a Dismissal filed on behalf of Robert L. Thomas.
03/23/2025Miscellaneous Motion  Motion to Declare Petitioners' Non-suit a Dismissal filed on behalf of James M. Andersen, et al.
03/21/2025Notice received  Notice of Nonsuit filed on behalf of James M. Anderson, et al.
03/21/2025Notice received  Notice of Non-suit filed on behalf of Robert L. Thomas.
03/21/2025Suggestion of Death  Suggestion of Death filed on behalf of Robert L. Thomas.
03/21/2025Suggestion of Death  Suggestion of Death filed on behalf of James M. Anderson.
03/13/2025Call received  Call received regarding status of case.
03/12/2025Call received  Call received regarding status of the case.
03/10/2025Call received  Call from party to case inquiring if any additional orders has been issued by Court since the 9/20/24 order.
01/13/2025Description of document returned to Supreme Court  Notice addressed to James Allen returned to Court as undeliverable.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/24/2025Motion being reviewed by CourtMiscellaneous MotionThomas & Andersen, Mo Declare Non-suit a Dismissal
09/04/2024Motion being reviewed by CourtMotion to Dismiss for Want of Jurisdiction 
09/12/2024Motion being reviewed by CourtMiscellaneous MotionMotion to Take Judicial Notice
09/20/2024Case Abated CASE IS ABATED UNTIL FURTHER ORDER OF THIS COURT 
10/01/2024Motion being reviewed by CourtMotion to dismiss 
10/09/2024Motion being reviewed by CourtMiscellaneous MotionEmergency Motion to Lift Abatement
11/25/2024Motion being reviewed by CourtMotion to dismiss 
11/25/2024Motion being reviewed by CourtMiscellaneous MotionMo to lift abatement (PCF)
12/02/2024Motion being reviewed by CourtMotion to dismiss 
12/09/2024Motion being reviewed by CourtMiscellaneous MotionMo to Strike
12/16/2024Motion being reviewed by CourtMiscellaneous Motion Mo to Strike Response
Parties
Party▲▼Party Type▲▼Representative▲▼
Haye, Allan Petitioner 
PCF Properties in TX, LLCRespondentMs. Anna Clement Sewart
Mr. David W. Barry
Mr. John Vincent Burger
Ms. Alzadia Spires
Mr. Austin Robert DuBois
Allen, James PetitionerJames Allen
Andersen, James M. PetitionerMr. James Michael Andersen
Thomas, Robert PetitionerMr. Robert Thomas
Thomas, Elizabeth PetitionerElizabeth Thomas
Court of Appeals Information:
Dismissed 
___ SW3d ___, 08-22-24 
1st Court of Appeals 
Honorable Per Curiam 
Trial Court Information
80th District Court 
Harris 
Honorable Jeralynn Manor 
2020-35780