Supreme Court

Case: 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.
11/09/2012Reply brief filedPetitionerReply Brief on the Merits filed on behalf of LAN/STV.  (HARD COPIES REC'D)
11/02/2012Reply brief filedEvent 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 filedRespondentResponse Brief on the Merits filed on behalf of LAN/STV.  (HARD COPIES REC'D)
10/04/2012Brief filedRespondentRespondent 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 filedPetitionerPetitioner's Brief on the Merits filed on behalf of LAN/STV. (HARD COPIES REC'D)
08/15/2012Brief filedEvent 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 filedEvent 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 Petition for Review filedRespondentResponse to Petition for Review filed on behalf of Martin K. Eby Construction Company, Inc.  (HARD COPIES REC'D)
04/02/2012Response to Petition for Review filedRespondentE-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 #2 filedPetitionerE-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 Review filedPetitionerE-FILED  Petition appendix attached, filed on behalf of LAN/STV, a joint venture of Lockwood.  (HARD COPIES REC'D)
Case Events
DateEvent TypeDescriptionDispositionRemarksDocument
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 record Issued 
06/20/2014Opinion issued Issued 
06/20/2014Opinion issuedCauseCourt 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 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 filedPetitioner 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 receivedPetitioner 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 receivedRespondent Oral argument submission form submitted by respondent/cross-petitioner attorney Jeffrey S. Levinger of Levinger PC of Dallas, TX
07/09/2013Address Change Event related to first petition filed in case. Notice of Change of Address for Petitioner's Counsels. Effective July 1, 2013.  On behalf of LAN/STV.
05/03/2013Case set for oral argumentIndicates filing of Petition for ReviewCase 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 argumentIndicates filing of Petition for ReviewCase 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 PartyRespondent 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 disposedOral Argument date and time not set at this time.Filing grantedDate and time of oral argument are yet to be determined.
02/15/2013Petition for Review granted   
02/15/2013Petition for Review disposed Filing 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 filedPetitioner Reply Brief on the Merits filed on behalf of LAN/STV.  (HARD COPIES REC'D)
11/05/2012Motion for Extension of Time disposed.Petitioner's Reply BriefFiling 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 filedEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Martin E. Eby Constr. Co.  HARD COPIES RECEIVED.
10/30/2012Motion for extension of time to file brief.Petitioner 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.Petitioner's Reply BriefFiling 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.Joint motion 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 filedRespondent Response Brief on the Merits filed on behalf of LAN/STV.  (HARD COPIES REC'D)
10/04/2012Brief filedRespondent 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.RespondentFiling 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.Joint motion 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 filedPetitioner Hyperlinked Petitioner's Brief on the Merits filed on behalf of LAN/STV.
08/15/2012Brief filedPetitioner Petitioner's Brief on the Merits filed on behalf of LAN/STV. (HARD COPIES REC'D)
08/15/2012Brief filedEvent 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)
07/25/2012Case Record Filed Clerk of the Court of Appeals Electronic Appellate Record received from the 5th Court of Appeals.
07/11/2012Motion for Extension of Time disposed.PetitionerFiling 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.Petitioner 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 RequestedIndicates filing of Petition for Review 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 filedEvent 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)
05/18/2012MET to file reply disposed ofPetitionerFiling 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 replyEvent related to first petition filed in case. 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 for Review filedRespondent Response to Petition for Review filed on behalf of Martin K. Eby Construction Company, Inc.  (HARD COPIES REC'D)
04/02/2012Response to Petition for Review filedRespondent 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 disposedRespondentFiling 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 ResponseRespondent 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 ResponseIndicates filing of Petition for Review 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 FiledEvent related to subsequent petition filed in case. Attached to Petition
01/02/2012Petition for Review #2 filedPetitioner 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 disposedPetitionerFiling grantedPetition is due January 2, 2012.
12/07/2011Motion for Extension of Time to File Petition for Review #2 filedPetitioner 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 to Petition for Review waivedRespondent E-FILED  Response waiver filed on behalf of Martin E. Eby Constr. Co.
11/10/2011Appendix FiledPetitioner E-FILED  Petition, appendix attached, filed on behalf of LAN/STV, a Joint Venture of Lockwood.
11/10/2011Petition for Review filedPetitioner 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 disposedPetitionerFiling 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 filedPetitioner 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 disposedPetitionerFiling grantedPetition is due October 27, 2011.
10/10/2011Motion for Extension of Time to File Petition for Review filedPetitioner 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 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 
 
 

To view or print PDF files you must have the Adobe Acrobat® reader. This software may be obtained without charge from Adobe. Download the reader from the Adobe Web site