Supreme Court

Case: 16-0560    
16-0560
07/29/2016
Petition for Review/Cause under Rule 53.1
LEE NICK MCFADIN, III 
BROADWAY COFFEEHOUSE, LLC AND MARCUS ROGERS, TRUSTEE FOR THE SAKS CHILDREN TRUST A/K/A ATFL&L, A TEXAS TRUST 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
12/04/2017Post submission brief filedRespondentBrief in Response to Petitioner’s Post-Submission Brief filed on behalf of Broadway Coffeehouse, LLC.
11/13/2017Post submission brief filedPetitionerPost-Submission Brief filed on behalf of petitioner, Lee Nick McFadin, III.
03/06/2017Reply BriefPetitionerReply Brief on the Merits filed on behalf of Lee Nick McFadin.
02/22/2017Brief on the MeritsRespondentRespondents' Brief on the Merits filed on behalf of Broadway Coffeehouse, LLC, et al.
01/02/2017Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Lee Nick McFadin.
10/17/2016Response to PetitionRespondentResponse to Petition for Review filed on behalf of Broadway Coffeehouse, LLC and Marcus Rogers.
07/29/2016Petition for ReviewPetitionerPetition for Review filed on behalf of Lee Nick McFadin
Case Events
DateEvent TypeDispositionRemarksDocument
12/04/2017Post submission brief filed Brief in Response to Petitioner’s Post-Submission Brief filed on behalf of Broadway Coffeehouse, LLC.
11/13/2017Post submission brief filed Post-Submission Brief filed on behalf of petitioner, Lee Nick McFadin, III.
11/09/2017Oral argument  Argued on behalf of petitioner by Philip M. Ross; Argued on behalf of respondents by Brittany M. Weil
08/16/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of petitioner, Lee Nick McFadin, III. Oral Argument will be presented by Philip M. Ross of San Antonio, Texas.
08/16/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of respondent, Broadway Coffeehouse LLC. Oral Argument will be presented by Brittany M. Weil with Curl Stahl Geis, PC of San Antonio, Texas.
06/30/2017Case set for oral argumentCase set for oral argumentThis cause has been set for oral argument at 9:00 a.m., November 9, 2017.  Time allotted to argue:  20/20 minutes
06/16/2017Petition for Review granted  
06/16/2017Petition for Review disposedFiling grantedThe date and time for oral argument are yet to be determined.
03/31/2017Motion to dismiss Notice of Settlement Agreement and Joint Motion for Partial Dismissal filed on behalf of petitioner, Lee Nick McFadin, III and respondent, Marcus P. Rogers, Trustee.
03/06/2017Reply Brief Reply Brief on the Merits filed on behalf of Lee Nick McFadin.
02/22/2017Brief on the Merits Respondents' Brief on the Merits filed on behalf of Broadway Coffeehouse, LLC, et al.
01/18/2017Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due February 22, 2017; Reply brief is due March 9, 2017.
01/18/2017Motion 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 Broadway Coffeehouse, LLC, et al.
01/02/2017Brief on the Merits Petitioner's Brief on the Merits filed on behalf of Lee Nick McFadin.
12/15/2016Case Record Filed  Electronic Appellate Record received.
12/05/2016Record Requested in Petition for Review Record requested from the 4th COA
12/02/2016Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief due no later than January 2, 2017; Response brief due January 23, 2017; Reply brief due February 7, 2017.
10/20/2016Amended Appendix filed Response to Petition for Review with AMENDED Appendix filed on behalf of Broadway Coffeehouse, LLC and Marcus Rogers.
10/20/2016Phone call from Clerk's Office Informed Mr. Curl's office that the motion for leave to file an amended appendix was granted.  Requested that the response with amended appendix be resubmitted today.
10/20/2016Motion for leave to file appendix dispositionFiling grantedMotion for Leave to File Amended Appendix to Response is granted.
10/20/2016Motion for Leave to File Appendix Motion for Leave to File Amended Appendix to Response filed on behalf of Broadway Coffeehouse, LLC and Marcus Rogers.
10/17/2016Response to Petition Response to Petition for Review filed on behalf of Broadway Coffeehouse, LLC and Marcus Rogers.
09/16/2016Supreme Court of Texas Requested Response Requested Response to Petition for Review due October 17, 2016.
08/16/2016Case forwarded to Court  
08/15/2016Response Waiver filed Response Waiver filed on behalf of Marcus Rogers.
08/08/2016Motion to Stay Filed  Motion to Stay filed on behalf of Lee Nick McFadin, III.
08/05/2016Response Waiver filed Response waiver filed on behalf of Broadway Coffeehouse, LLC.
07/29/2016Petition for Review Petition for Review filed on behalf of Lee Nick McFadin
Calendars
Set DateCalendar TypeReason SetRemarks
03/31/2017Motion being reviewed by CourtMotion to dismissMo/Partial Dismissal
08/08/2016Motion being reviewed by CourtMotion to stay 
11/09/2017Submitted (Awaiting Opinion)Submitted (Awaiting Opinion) 
Parties
PartyPartyTypeRepresentative
Broadway Coffeehouse, LLCRespondentMr. Paul T. Curl
Mr. Herbert S. Hill
Ms. Danielle N. Rushing
Ms. Brittany M. Weil
McFadin, III, Lee NickPetitionerMr. Philip M. Ross
Rogers, MarcusRespondentMr. Royal B. Lea III
Court of Appeals Information:
Dismiss WOJ 
___ SW3d ___, 07-06-16 
4th Court of Appeals 
Honorable Per Curiam 
Trial Court Information
73rd District Court 
Bexar 
Honorable Antonia Arteaga 
2013-CI-17001  
 
 

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