Supreme Court

Case: 11-0810    
11-0810
10/10/2011
Second Petition for Review/Cause under Rule 53.1
LAN/STV, A JOINT VENTURE OF LOCKWOOD, ANDREWS & NEWMAN, INC. AND STV INCORPORATED 
MARTIN K. EBY CONSTRUCTION COMPANY, INC. 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
03/18/2014Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of General Contractors of Texas, Inc.
03/04/2014Amicus Curiae Brief receivedReceived (instead of filed)Amiucs letter brief filed on behalf of Atkins North America, Inc.
02/11/2014Post submission brief filedAmicus Curiae Post-Submission Brief filed on behalf of CCE, Inc.
11/26/2013Post submission brief filedEvent related to subsequent petition filed in case.Post-Submission Letter Brief filed on behalf of Martin K. Eby Construction Co., Inc.
(Hard Copies Received)
10/11/2013Post submission brief filedPetitionerPost-Submission Letter Brief filed on behalf of LAN/STV.
11/09/2012Reply BriefPetitionerReply Brief on the Merits filed on behalf of LAN/STV.  (HARD COPIES REC'D)
11/02/2012Reply BriefEvent related to subsequent petition filed in case.Reply Brief on the Merits filed on behalf of Martin E. Eby Constr. Co.  HARD COPIES RECEIVED.
10/04/2012Brief on the MeritsRespondentResponse Brief on the Merits filed on behalf of LAN/STV.  (HARD COPIES REC'D)
10/04/2012Brief on the MeritsRespondentRespondent Martin K. Eby Construction Co., Inc.'s Response to Brief on the Merits.
(HARD COPIES REC'D)
08/22/2012Fully hyperlinked brief filedPetitionerHyperlinked Petitioner's Brief on the Merits filed on behalf of LAN/STV.
08/15/2012Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of LAN/STV. (HARD COPIES REC'D)
08/15/2012Brief on the MeritsEvent related to subsequent petition filed in case.Brief on the Merits in Support of Conditional Cross-Petition for Review filed on behalf of Martin K. Eby Construction Co., Inc. (HARD COPIES REC'D)
05/25/2012Reply to ResponseEvent related to first petition filed in case.Reply in Support of Petition for Review filed on behalf of LAN/STV, et al. (HARD COPIES REC'D)
05/02/2012Response to PetitionRespondentResponse to Petition for Review filed on behalf of Martin K. Eby Construction Company, Inc.  (HARD COPIES REC'D)
04/02/2012Response to PetitionRespondentE-FILED  Petitioner/cross-Respondent Lan/Stv's Response to Eby's Cross-Petition. (HARD COPIES REC'D)
01/02/2012Appendix FiledEvent related to subsequent petition filed in case.Attached to Petition
01/02/2012Petition for Review #2PetitionerE-FILED  Petition appendix attached filed on behalf of Martin E. Eby Constr. Co.  (HC REC'D)
11/10/2011Appendix FiledPetitionerE-FILED  Petition, appendix attached, filed on behalf of LAN/STV, a Joint Venture of Lockwood.
11/10/2011Petition for ReviewPetitionerE-FILED  Petition appendix attached, filed on behalf of LAN/STV, a joint venture of Lockwood.  (HARD COPIES REC'D)
Case Events
DateEvent TypeDispositionRemarksDocument
08/07/2014Case Stored G02 Row 14 A-3 (2 vols)
08/01/2014Mandate issued Mandate & Cost Bill Issued
06/20/2014Court approved judgment sent to attorneys of recordIssued 
06/20/2014Opinion issuedIssued 
06/20/2014Opinion issuedCourt of Appeals' judgment reversed & judgment renderedThe Court reverses the court of appeals' judgment and renders judgment. Chief Justice Hecht delivered the opinion of the Court.
03/18/2014Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of General Contractors of Texas, Inc.
03/04/2014Amicus Curiae Brief received Amiucs letter brief filed on behalf of Atkins North America, Inc.
02/11/2014Post submission brief filed Post-Submission Brief filed on behalf of CCE, Inc.
11/26/2013Post submission brief filed Post-Submission Letter Brief filed on behalf of Martin K. Eby Construction Co., Inc.
(Hard Copies Received)
10/11/2013Post submission brief filed Post-Submission Letter Brief filed on behalf of LAN/STV.
10/08/2013Oral argument  argued on behalf of petitioners by Thomas C. Wright; argued on behalf of respondents by Jeffrey S. Levinger
10/08/2013Oral argument  argued on behalf of petitioners by Thomas C. Wright; argued on behalf of respondents by Jeffrey S. Levinger
08/28/2013Oral Argument Submission Form from Attorney received Oral argument submission form submitted by petitioner/cross-respondent attorney Thomas C. Wright of Wright & Close, LLP of Houston, TX
08/28/2013Oral Argument Submission Form from Attorney received Oral argument submission form submitted by respondent/cross-petitioner attorney Jeffrey S. Levinger of Levinger PC of Dallas, TX
07/09/2013Address Change  Notice of Change of Address for Petitioner's Counsels. Effective July 1, 2013.  On behalf of LAN/STV.
05/03/2013Case set for oral argumentCase set for oral argumentThis cause has been set for oral argument at 9:00 a.m., October 8, 2013.  Time allotted to argue: 20/20 minutes.
05/03/2013Case set for oral argumentCase set for oral argumentThis cause has been set for oral argument at 9:00 a.m., October 8, 2013.  Time allotted to argue: 20/20 minutes.
03/01/2013Electronic communication received from Party Attorney Jeff Levinger sent an email to the Clerk requesting that this case not be scheduled the same week as 11-0709, Kia v. Ruiz, in which he is also representing one of the parties. The Clerk replied that the staff would try to accomodate this request.
02/15/2013Petition for Review disposedFiling grantedDate and time of oral argument are yet to be determined.
02/15/2013Petition for Review granted  
02/15/2013Petition for Review disposedFiling grantedDate and time of oral argument are yet to be determined.
02/15/2013Petition for Review granted  
11/29/2012Case Record Filed   
11/28/2012Phone call from Clerk's Office To Lerone Landis, deputy clerk at the 5th COA to inquire about the status of exhibit requested from their court on 11/13/12.
11/13/2012Record Requested in Petition for Review EXHIBIT 2059 (aka EXHIBIT M) requested from the 5th COA
11/09/2012Reply Brief Reply Brief on the Merits filed on behalf of LAN/STV.  (HARD COPIES REC'D)
11/05/2012Motion for Extension of Time disposed.Filing grantedLAN/STV's Motion for a 10day Extension to file Reply Brief is granted. LAN's Reply Brief is due November 12, 2012. NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED.
11/02/2012Reply Brief Reply Brief on the Merits filed on behalf of Martin E. Eby Constr. Co.  HARD COPIES RECEIVED.
10/30/2012Motion for Extension of Time to File Brief filed Unopposed Motion for a Ten-Day Extension of Time to file its Reply in support of its Brief on the Merits. On behalf of Petitioner/Cross-Respondent, LAN/STV.
10/19/2012Motion for Extension of Time disposed.Filing grantedJOINT Motio for 2weeks Extension of Time is granted. Petitioners' Reply Briefs are due on November 2, 2012. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/16/2012Motion for Extension of Time to File Brief filed Cross-Petitioner Martin K. Eby Construction Co. & Petitioner LAN/STV's JOINT Motion for Two Week Extension of Time to file Reply Briefs.
10/04/2012Brief on the Merits Response Brief on the Merits filed on behalf of LAN/STV.  (HARD COPIES REC'D)
10/04/2012Brief on the Merits Respondent Martin K. Eby Construction Co., Inc.'s Response to Brief on the Merits.
(HARD COPIES REC'D)
09/10/2012Motion for Extension of Time disposed.Filing grantedResponse brief due 10/04/12; Reply brief due 10/19/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/28/2012Motion for Extension of Time to File Brief filed Unopposed Joint Motion for Extension of Time to File Response Briefs on the Merits filed on behalf of LAN/STV, et al.
08/22/2012Fully hyperlinked brief filed Hyperlinked Petitioner's Brief on the Merits filed on behalf of LAN/STV.
08/15/2012Brief on the Merits Petitioner's Brief on the Merits filed on behalf of LAN/STV. (HARD COPIES REC'D)
08/15/2012Brief on the Merits Brief on the Merits in Support of Conditional Cross-Petition for Review filed on behalf of Martin K. Eby Construction Co., Inc. (HARD COPIES REC'D)
07/25/2012Case Record Filed  Electronic Appellate Record received from the 5th Court of Appeals.
07/11/2012Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time is granted.  Petitioner's Brief is due August 15; Respondent's Brief is due September 4, 2012; Reply Brief is due September 19, 2012.
07/10/2012Motion for Extension of Time to File Brief filed Joint Motion for Extension of Time to file Petition for Review filed on behalf of LAN/STV and Martin K. Eby Constr. Co.
06/19/2012Record Requested in Petition for Review  
06/15/2012Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief due no later than 7/16/12; Response brief due 8/6/12; Reply brief due 8/21/12.
05/25/2012Reply to Response Reply in Support of Petition for Review filed on behalf of LAN/STV, et al. (HARD COPIES REC'D)
05/18/2012MET to file reply disposed ofFiling grantedLAN/STV's Unopposed Motion for an Eight-Day Extension of Time to File its Reply granted.  Reply is due May 25, 2012. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
05/09/2012Motion to Extend Time to File Reply filed Petitioner, LAN/STV's Unopposed Motion for an Eight-Day Extension of Time to File its Reply in Support of its Petition for Review
05/02/2012Response to Petition Response to Petition for Review filed on behalf of Martin K. Eby Construction Company, Inc.  (HARD COPIES REC'D)
04/02/2012Response to Petition E-FILED  Petitioner/cross-Respondent Lan/Stv's Response to Eby's Cross-Petition. (HARD COPIES REC'D)
03/21/2012Motion for Extension of Time to File Response disposedFiling grantedMotion to Extend Time to file is granted.  Response is due May 2, 2012.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/21/2012Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response filed on behalf of Martin K. Eby Construction Co.
03/01/2012Supreme Court of Texas Requested Response Requested responses to petitions for review due no later than 4/2/12.
02/07/2012Case forwarded to Court  
02/07/2012Case forwarded to Court  
01/02/2012Appendix Filed Attached to Petition
01/02/2012Petition for Review #2 E-FILED  Petition appendix attached filed on behalf of Martin E. Eby Constr. Co.  (HC REC'D)
12/14/2011Motion for Extension of Time to File Petition for Review disposedFiling grantedPetition is due January 2, 2012.
12/07/2011Motion for Extension of Time to File Petition for Review #2 filed E-FILED  Respondent Martin K. Eby Construction Company, Inc.'s Unopposed Motion for Extension of Time to file Conditional Cross-Petition for Review
12/07/2011Response Waiver filed E-FILED  Response waiver filed on behalf of Martin E. Eby Constr. Co.
11/10/2011Appendix Filed E-FILED  Petition, appendix attached, filed on behalf of LAN/STV, a Joint Venture of Lockwood.
11/10/2011Petition for Review E-FILED  Petition appendix attached, filed on behalf of LAN/STV, a joint venture of Lockwood.  (HARD COPIES REC'D)
10/26/2011Second Motion for Extension of Time to File Petition for Review disposedFiling grantedPetition for review is due November 10, 2011.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/24/2011Second Motion for Extension of Time to File Petition for Review filed E-FILED  Unopposed motion for extension of time to file petition for review filed on behalf of LAN/STV.
10/13/2011Motion for Extension of Time to File Petition for Review disposedFiling grantedPetition is due October 27, 2011.
10/10/2011Motion for Extension of Time to File Petition for Review filed E-FILED  Unopposed Motion for Two-Week Extension of Time to File Petition for Review.  On behalf of LAN/STV.
Calendars
Set DateCalendar TypeReason SetRemarks
08/07/2014Case StoredCase stored.G02 Row 14 A-3 (2 vols)
Parties
PartyPartyTypeRepresentative
LAN/STV PetitionerMs. Wanda McKee Fowler
Mr. Bradley Wayne Snead
Mr. Henry S. Platts Jr.
Mr. Thomas C. Wright
Martin E. Eby Construction Company, Inc.RespondentMr. Jeffrey S. Levinger
Mr. Daniel J. Davis
Mr. Jeffery A. Ford
General Contractors of Texas, Inc.Amicus CuriaeMr. Joseph F. Canterbury Jr.
Atkins North America, Inc.Amicus CuriaeMs. Elizabeth G. Bloch
CCE, Inc.Amicus CuriaeMr. Charles R. 'Skip' Watson Jr.
Court of Appeals Information:
Affirmed [duplicate 3] 
350 SW3d 675, 08-29-11 
5th Court of Appeals 
Honorable Douglas S. Lang 
Trial Court Information
192nd District Court 
Dallas 
Honorable S. Craig Smith 
03-7835-K 
 
 

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