Supreme Court

Case: 25-0202    
25-0202
03/07/2025
Petition for Review originally filed as 53.7(f)
K. HOVNANIAN DEVELOPMENTS OF TEXAS, INC. 
GARY GATES AND SUSAN GATES 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/15/2026Reply BriefPetitioner Petitioner’s Reply Brief on the Merits filed on behalf of K. Hovnanian Developments of Texas, Inc.
02/27/2026Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Gary Gates, et al.
12/05/2025Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of K. Hovnanian Developments
of Texas, Inc.
06/25/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Perry Homes, LLC, submitted by Michael Brisch of Houston, Texas.
06/09/2025Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of K. Hovnanian Developments of Texas, Inc.
05/29/2025Response to PetitionRespondent Response to Petition for Review filed on behalf of Gary Gates, et al.
05/21/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Received on behalf of Highland Homes, submitted by Brad Gahm of Plano, Texas.
05/08/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Texas Association of Builders, submitted by Frances Blake of Texas Association of Builders, Austin, Texas.
04/23/2025Petition for ReviewPetitioner Petition for Review filed on behalf of K. Hovnanian Developments of Texas, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
07/08/2026Notice sent to Court of Appeals 
05/29/2026Petition for Review disposedDenied
04/15/2026Reply Brief  Petitioner’s Reply Brief on the Merits filed on behalf of K. Hovnanian Developments of Texas, Inc.
03/06/2026Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Reply brief is due April 15, 2026. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/06/2026Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Petitioner’s Reply Brief on the Merits filed on behalf of K. Hovnanian Developments of Texas, Inc.
02/27/2026Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Gary Gates, et al.
01/27/2026Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondents' Brief on the Merits granted. No further extensions of time for this filing will be considered. Respondents' brief is due no later than February 27, 2026; and Reply brief is due March 16, 2026.
01/26/2026Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Gary Gates, et al.
01/22/2026Notice received  Notice of Change of Address and Firm Affiliation filed on behalf of K. Hovnanian
Developments of Texas, Inc.
12/29/2025Motion for Extension of Time disposed.Filing granted in part Motion for Extension of Time to file Response Brief on the Merits is Granted in Part. Response Brief is due January 28, 2026. FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE DISFAVORED. Reply Brief is due February 12, 2026.
12/26/2025Motion 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 Gary Gates, et al.
12/05/2025Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of K. Hovnanian Developments
of Texas, Inc.
10/20/2025Motion 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 December 5, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due December 29, 2025. Reply Brief is due January 8, 2026.
10/20/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of K. Hovnanian Developments of Texas, Inc.
09/18/2025Motion 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 November 5, 2025. Further requests for extensions of time for this filing will be disfavored. Response Brief is due November 25, 2025. Reply Brief is due December 10, 2025.
09/18/2025Motion 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 K. Hovnanian Developments of Texas, Inc.
09/05/2025Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief on the merits due no later than October 6, 2025; Response brief due October 27, 2025; Reply brief due November 12, 2025.
06/25/2025Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Perry Homes, LLC, submitted by Michael Brisch of Houston, Texas.
06/09/2025Reply to Response  Reply in support of Petition for Review filed on behalf of K. Hovnanian Developments of Texas, Inc.
06/03/2025Case forwarded to Court 
05/29/2025Response to Petition  Response to Petition for Review filed on behalf of Gary Gates, et al.
05/27/2025Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review is granted. Response is due May 29, 2025. Further requests for extensions of time for this filing will not be considered.
05/27/2025Motion for Extension of Time to File Response  Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Gary Gates, et al.
05/22/2025Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response to Petition for Review is due May 27, 2025.
05/22/2025Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Gary Gates, et al.
05/21/2025Amicus Curiae Letter Received  Amicus Curiae Letter Received on behalf of Highland Homes, submitted by Brad Gahm of Plano, Texas.
05/08/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Texas Association of Builders, submitted by Frances Blake of Texas Association of Builders, Austin, Texas.
04/23/2025Petition for Review  Petition for Review filed on behalf of K. Hovnanian Developments of Texas, Inc.
03/07/2025Motion 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 April 23, 2025.
03/07/2025Motion 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 K. Hovnanian Developments of Texas, Inc.
03/07/2025Court reporter/recorder's record 
03/07/2025Clerk's Record 
03/07/2025Court reporter/recorder's record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/08/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Highland HomesAmicus CuriaeMr. Brad Gahm
Perry Homes, LLCAmicus CuriaeMichael Brisch
K. Hovnanian Developments of Texas, Inc.PetitionerMr. Byron Keeling
Ms. Kimberly Altsuler
Mr. J. Paulo Flores
Mr. Douglas T. Gosda
Gary Gates and Susan GatesRespondentMr. Dax O. Faubus
Texas Association of BuildersAmicus CuriaeMs. Frances Blake
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
___ SW3d ___, 02-06-25 
14th Court of Appeals 
Honorable Bradley (Brad) S. Hart 
Trial Court Information
122nd District Court 
Galveston 
Honorable John A. Ellisor 
19-CV-0341