Supreme Court

Case: 16-0155    
16-0155
03/04/2016
Petition for Review/Cause under Rule 53.1
JAMES H. DAVIS, INDIVIDUALLY AND D/B/A JD MINERALS, AND JDMI, LLC 
MARK MUELLER 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
06/25/2017Motion for RehearingRespondent's Motion for Rehearing of Cause filedMotion for Rehearing filed on behalf of Mark Mueller.
03/21/2017Exhibits in case/cause filedPetitionerOral Argument Exhibits filed on behalf of petitioners, James H. Davis, et al.
11/30/2016Reply BriefPetitionerPetitioner's Reply Brief on the Merits filed on behalf of James H. Davis, et al.
11/15/2016Brief on the MeritsRespondentResponse Brief on the Merits filed on behalf of Mark Mueller.
10/21/2016Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of James H. Davis.
09/16/2016Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Curiae Letter of Kundysek Family Investments LP in support of Petitioner. Submitted by Ben L. Mesches and Ryan Paulsen of Haynes and Boone, LLP of Dallas, Texas.
08/17/2016Reply to ResponsePetitionerReply to Response to Petition for Review filed on behalf of James H. Davis, et al.
08/04/2016Response to PetitionRespondentResponse to Petition for Review filed on behalf of Mark Mueller.
04/19/2016Petition for ReviewPetitionerPetition for Review filed on behalf of James H. Davis, et al.
Case Events
DateEvent TypeDispositionRemarksDocument
06/26/2017Case forwarded to Court  
06/25/2017Motion for Rehearing Motion for Rehearing filed on behalf of Mark Mueller.
06/06/2017Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedUnopposed Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due June 27, 2017.
06/05/2017Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Mark Mueller.
05/26/2017Court approved judgment sent to attorneys of recordIssued 
05/26/2017Opinion 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.  (Justice Boyd not sitting)
(5/26/2017 4:07:25 PM) 160155.pdf, 16-0155.jmt.pdf
05/26/2017Miscellaneous motion disposed. See Remarks.Filing dismissed as mootMotion to Remand dismissed as moot
03/23/2017Oral argument  Argued on behalf of petitioners by Audrey Mullert Vicknair; Argued on behalf of respondent by Bob Whitehurst
03/21/2017Exhibits in case/cause filed Oral Argument Exhibits filed on behalf of petitioners, James H. Davis, et al.
03/02/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of respondent, Mark Mueller. Oral argument will be presented by Bob Whitehurst of Whitehurst & Whitehurst of Tyler, Texas.
03/01/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of petitioners, James H. Davis and JDMI, LLC. Oral Argument will be presented by Audrey Mullert Vicknair of Corpus Christi, Texas.
02/17/2017Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., March 23, 2017.  Time allotted to argue:  20/20 minutes.
02/17/2017Petition for Review disposedFiling granted 
02/17/2017Petition for Review granted  
11/30/2016Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of James H. Davis, et al.
11/15/2016Motion 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's brief is due November 15, 2016; and Reply brief is due November 30, 2016.
11/15/2016Motion 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 Mark Mueller.
11/15/2016Call received Provided Mr. Whitehurst's office assistance in resubmitting the brief. Their office encountered technical problems submitting the brief, and will need to file a motion for extension of time.
11/15/2016Brief on the Merits Response Brief on the Merits filed on behalf of Mark Mueller.
10/21/2016Brief on the Merits Petitioner's Brief on the Merits filed on behalf of James H. Davis.
09/27/2016Case Record Filed  Electronic Appellate Record received.
09/26/2016Record Requested in Petition for Review Record requested from the 6th COA
09/23/2016Brief on the Merits Requested Brief on the Merits requested:  Petitioner's brief due no later than October 24, 2016; Response brief due November 14, 2016; Reply brief due November 29, 2016.
09/16/2016Amicus Curiae Letter Received Amicus Curiae Letter of Kundysek Family Investments LP in support of Petitioner. Submitted by Ben L. Mesches and Ryan Paulsen of Haynes and Boone, LLP of Dallas, Texas.
08/17/2016Phone call from Clerk's Office Call made to Ms. Vicknair regarding corrections for reply to response to petition for review.
08/17/2016Reply to Response Reply to Response to Petition for Review filed on behalf of James H. Davis, et al.
08/04/2016Response to Petition Response to Petition for Review filed on behalf of Mark Mueller.
06/21/2016Motion 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 August 4, 2016.
06/21/2016Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Mark Mueller.
06/03/2016Supreme Court of Texas Requested Response Requested response to petition for review due no later than July 5, 2016.
05/24/2016Reply to Response to Motion Reply to Response to Motion to Remand filed on behalf of Mark Mueller.
05/23/2016Response to Motion filed Response to Motion to Remand filed on behalf of James H. Davis, et al.
05/19/2016Miscellaneous Motion Pending Resolution of Petition for Review the Respondent's Motion to Remand Issue of Wrongful Appropriation and Retention of Petitioners to Trial Court filed on behalf of Mark Mueller.
05/03/2016Case forwarded to Court  
04/28/2016Electronic communication sent to Party Sent email to respondent's counsel to inquire about the status of the resubmission of the response waiver.
04/25/2016Response Waiver filed Response Waiver filed on behalf of Mark J. Mueller.
04/19/2016Petition for Review Petition for Review filed on behalf of James H. Davis, et al.
03/04/2016Motion for Extension of Time to File Petition for Review disposedFiling grantedPetition for Review is due April 20, 2016.
03/04/2016Motion for Extension of Time to File Petition for Review filed Unopposed Motion for Extension of Time to Petition for Review. On behalf of James H. Davis, et al.
Calendars
Set DateCalendar TypeReason SetRemarks
06/26/2017Work-Up by Staff / Review by JusticesMotion for Rehearing 
Parties
PartyPartyTypeRepresentative
JDMI, LLCPetitionerMs. Audrey Mullert Vicknair
Mr. Douglas D. McLallen Sr.
Kundysek Family Investments LPAmicus CuriaeMr. Allen Ryan Paulsen  
Mr. Ben L. Mesches
Mueller, Mark J.RespondentMr. Bob Whitehurst
Davis, James H.PetitionerMs. Audrey Mullert Vicknair
Mr. Douglas D. McLallen Sr.
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
485 SW3d 622, 02-04-16 
6th Court of Appeals 
Honorable Ralph K. Burgess 
Trial Court Information
71st District Court 
Harrison 
Honorable Brad Morin 
11-0858 
 
 

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