Supreme Court

Case: 16-0120    
16-0120
02/19/2016
Petition for Review/Cause under Rule 53.1
STEVEN PAINTER; TONYA WRIGHT, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF EARL A. WRIGHT, III, DECEASED; VIRGINIA WEAVER, INDIVIDUALLY AND AS NEXT FRIEND OF A.A.C., A MINOR; AND TABITHA R. ROSELLO, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ALBERT CARILLO, DECEASED 
AMERIMEX DRILLING I, LTD. 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
08/01/2018Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief received by American Subcontractors Association.  Submitted by Brian K. Carroll with Stanford & Carroll PC of Temple, Texas.
07/03/2018Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amicus Curiae Texas Association of Defense Counsel in Support of Respondent Amerimex's Motion for Rehearing submitted by Roger W. Hughes of Adams & Graham, L.L.P. of Harlingen, Texas.
06/28/2018Motion for RehearingRespondent's Motion for Rehearing of Cause filedMotion for Rehearing filed on behalf of Amerimex Drilling I, Ltd.
12/05/2017Exhibits in case/cause filedRespondentOral Argument Exhibits filed on behalf of Amerimex Drilling I, Ltd.
08/15/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Texas Association of Defense Counsel in support of respondent, Amerimex, submitted by Roger W. Hughes of Adams & Graham, L.L.P. of Harlingen, Texas.
02/06/2017Reply BriefPetitionerReply Brief on the Merits filed on behalf of Steven Painter, et al.
12/21/2016Brief on the MeritsRespondentResponse Brief on the Merits filed on behalf of Amerimex Drilling I, Ltd.
11/02/2016Brief on the MeritsPetitionerPetitioners' Brief on the Merits filed on behalf of Steven Painter, et al.
06/22/2016Reply to ResponsePetitionerReply to Response to Petition for Review filed on behalf of Steven Painter, et al.
06/07/2016Response to PetitionRespondentResponse to Petition for Review filed on behalf of Amerimex Drilling I, Ltd.
04/05/2016Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief filed on behalf of Texas Trial Lawyers Association.
02/19/2016Petition for ReviewPetitionerPetition for Review filed on behalf of Steven Painter, et al.
Case Events
DateEvent TypeDispositionRemarksDocument
08/01/2018Amicus Curiae Brief received Amicus Brief received by American Subcontractors Association.  Submitted by Brian K. Carroll with Stanford & Carroll PC of Temple, Texas.
07/03/2018Amicus Curiae Brief received Brief of Amicus Curiae Texas Association of Defense Counsel in Support of Respondent Amerimex's Motion for Rehearing submitted by Roger W. Hughes of Adams & Graham, L.L.P. of Harlingen, Texas.
07/03/2018Response Waiver filed Conditional Response Waiver to Motion for Rehearing filed on behalf of Steven Painter, et al.
06/28/2018Case forwarded to Court  
06/28/2018Motion for Rehearing Motion for Rehearing filed on behalf of Amerimex Drilling I, Ltd.
05/25/2018Notice of Appearance Notice of Appearance of Additional Counsel filed on behalf of Amerimex Drilling I, Ltd.
05/25/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedSecond Motion for Extension of Time to file Motion for Rehearing has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Motion for Rehearing is due on June 28, 2018.
05/25/2018Motion for Extension of Time to File Motion for Rehearing Second Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Amerimex Drilling I, Ltd.
04/27/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time to file Rehearing granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Rehearing is due May 29, 2018.
04/27/2018Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to file Rehearing filed on behalf of Amerimex Drilling I, Ltd.
04/16/2018Letter sent to parties from Supreme Court - See Remarks Letter sent to parties regarding correction to majority opinion.  Footnote no. 5 on page 3 updated to abbreviate minor's name.
(4/16/2018 4:59:26 PM) 160120.pdf
04/13/2018Court approved judgment sent to attorneys of recordIssued 
04/13/2018Dissenting opinion issued.IssuedJustice Green delivered a dissenting opinion, in which Justice Brown joined.
04/13/2018Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial courtThe Court reverses the court of appeals' judgment and remands the case to the trial court.  Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Johnson, Justice Guzman, Justice Boyd, and Justice Devine joined.  Justice Blacklock did not participate in the decision.
(4/13/2018 4:46:14 PM) 160120d.pdf, 160120.pdf, 16-0120.jmt.pdf
12/06/2017Submission Schedule Submission Schedule for December 6, 2017.
12/06/2017Oral argument  Argued on behalf of petitioners by Peter M. Kelly; Argued on behalf of respondent by S. Anthony Safi
12/05/2017Exhibits in case/cause filed Oral Argument Exhibits filed on behalf of Amerimex Drilling I, Ltd.
11/22/2017Oral Argument Submission Form from Attorney received Updated Oral Argument Submission Form submitted on behalf of petitioner, Steven Painter, et al. Oral Argument will be presented by Peter M. Kelly of Kelly, Durham & Pittard, L.L.P. of Houston, Texas.
09/08/2017Motion to re-set submission date disposedFiling grantedUnopposed Motion to Reschedule Oral Argument granted. This cause has been reset for oral argument at 9:00 a.m., December 6, 2017.  Time allotted to argue:  20/20 minutes
09/07/2017Motion to re-set submission date filed. Unopposed Motion to Reschedule Oral Argument filed on behalf of Amerimex Drilling I, Ltd.
09/07/2017Call received From Mr. Anthony Safi - attorney for respondents inquiring about postponing oral arguments due to illness.
08/25/2017Letter Filed Letter to notify the Court that Mr. Rahul Malhotra will no longer be representing Petitioner.
08/15/2017Amicus Curiae Brief received Amicus Brief of Texas Association of Defense Counsel in support of respondent, Amerimex, submitted by Roger W. Hughes of Adams & Graham, L.L.P. of Harlingen, Texas.
07/25/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of petitioner, Steven Painter, et al. Oral Argument will be presented by Peter M. Kelly of Kelly, Durham & Pittard, L.L.P. of Houston, Texas.
07/10/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of respondent, Amerimex Drilling I, Ltd. Oral Argument will be presented by S. Anthony Safi of Mounce Green Myers Safi Paxson & Galatzan, A Professional Corporation, of El Paso, Texas.
06/30/2017Case set for oral argumentCase set for oral argumentThis cause has been set for oral argument at 9:00 a.m., September 13, 2017.  Time allotted to argue:  20/20 minutes
03/10/2017Petition for Review disposedFiling grantedThe date and time for oral argument are yet to be determined.
03/10/2017Petition for Review granted  
02/06/2017Reply Brief Reply Brief on the Merits filed on behalf of Steven Painter, et al.
12/29/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Reply Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Reply brief is due February 6, 2017.
12/22/2016Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Steven Painter, et al.
12/21/2016Brief on the Merits Response Brief on the Merits filed on behalf of Amerimex Drilling I, Ltd.
11/14/2016Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Respondent brief is due December 22, 2016; and Reply brief is due January 6, 2017.
11/11/2016Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Amerimex Drilling I, Ltd.
11/02/2016Brief on the Merits Petitioners' Brief on the Merits filed on behalf of Steven Painter, et al.
10/03/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time is granted. Petitioner's Brief is due November 2, 2016. Further requests for extensions of time for this filing will be disfavored. Response Brief is due November 22, 2016. Reply Brief is due December 7, 2016.
10/03/2016Motion 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 Steven Painter, et al.
09/15/2016Case Record Filed  Electronic Appellate Record received.
09/06/2016Record Requested in Petition for Review Record requested from the 8th COA
09/02/2016Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief due no later than October 3, 2016; Response brief due October 24, 2016; Reply brief due November 8, 2016
06/22/2016Reply to Response Reply to Response to Petition for Review filed on behalf of Steven Painter, et al.
06/07/2016Response to Petition Response to Petition for Review filed on behalf of Amerimex Drilling I, Ltd.
05/03/2016Motion for Extension of Time to File Response disposedFiling grantedUnopposed Motion for Extension of Time to file Response to Petition for Review is Granted. Further requests for extensions of time will be disfavored. Response is due June 8, 2016.
05/02/2016Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Amerimex Drilling I, Ltd.
04/08/2016Supreme Court of Texas Requested Response Requested response to petition for review due no later than May 9, 2016.
04/05/2016Amicus Curiae Brief received Amicus Brief filed on behalf of Texas Trial Lawyers Association.
03/08/2016Case forwarded to Court  
03/01/2016Response Waiver filed Response waiver filed on behalf of Amerimex Drilling I Ltd.
02/23/2016Phone call from Clerk's Office Called attorney for petitioner regarding changes to be made to struck petition.
02/23/2016Case Record Filed  Appellate Record (containing only the Court of Appeals' Briefs, judgment and opinion) filed on behalf of Steven Painter, et al.
02/19/2016Clerk's Record Clerk's Record Part I & II filed on behalf of Steven Painter, et al.
02/19/2016Petition for Review Petition for Review filed on behalf of Steven Painter, et al.
Calendars
Set DateCalendar TypeReason SetRemarks
06/28/2018Work-Up by Staff / Review by JusticesMotion for Rehearing 
Parties
PartyPartyTypeRepresentative
Texas Trial Lawyers AssociationAmicus CuriaeJeffrey Blake Simon
Mr. Peter M. Kelly
Wright, TonyaPetitionerMr. David W. Lauritzen
Mr. Jon Robert Hanna
Texas Association of Defense CounselAmicus CuriaeMr. Roger W. Hughes
American Subcontractors AssociationAmicus CuriaeMr. Brian Keith Carroll
Weaver, VirginiaPetitionerMr. David W. Lauritzen
Mr. Peter M. Kelly
Ms. Rachel M.C. Ambler
Rosello, Tabitha R.PetitionerMr. Peter M. Kelly
Mr. David W. Lauritzen
Ms. Rachel M.C. Ambler
Amerimex Drilling I, Ltd.RespondentMs. Karen Crook Burgess
Mr. S. Anthony Safi
Mr. Douglas W. Alexander
Ms. Anna M. Baker
Painter, StevenPetitionerMr. Peter M. Kelly
Mr. Jon Robert Hanna
Mr. David W. Lauritzen
Court of Appeals Information:
Affirmed  
511 SW3d 700, 11-03-15 
8th Court of Appeals 
Honorable Ann Crawford McClure 
Trial Court Information
83rd District Court 
Pecos 
Honorable Robert E. Cadena 
P-6666B-83-CV 
 
 

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