Supreme Court

Case: 19-0885    
19-0885
10/01/2019
Petition for Review/Cause under Rule 53.1
ALLSTATE INSURANCE COMPANY 
DANIEL WES IRWIN 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
01/27/2021Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Curiae Letter of Defense Counsel of San Antonio received from Michael DeNuccio.
01/25/2021Post submission brief filedRespondentRespondent's Post-Submission Brief on the Merits filed on behalf of Daniel Wes Irwin.
01/11/2021Post submission brief filedPetitionerPost-Submission Letter filed on behalf of Allstate Insurance Company.
12/31/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of the Insurance Council of Texas, et al. submitted by Beth D. Bradley of Tollefson Bradley Mitchell & Melendi, LLP in Dallas, Texas.
12/29/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief received on behalf of Texas Trial Lawyers Association.
12/02/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief received on behalf of Farmers Texas County Mutual Insurance Company.
09/25/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief received from Melissa Lorber.
09/17/2020Reply BriefPetitionerReply Brief on the Merits filed on behalf of Allstate Insurance Company.
08/03/2020Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of Daniel Wes Irwin.
06/12/2020Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Allstate Insurance Company.
02/10/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief received on behalf of Farmers Texas County Mutual Insurance Company.
01/21/2020Reply to ResponsePetitionerReply in Support of Petition for Review filed on behalf of Allstate Insurance Company.
01/03/2020Response to PetitionRespondentResponse to Petition for Review filed on behalf of Daniel Wes Irwin.
12/05/2019Petition for ReviewPetitionerPetition for Review filed on behalf of Allstate Insurance Company.
Case Events
DateEvent TypeDispositionRemarksDocument
06/24/2021Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due August 6, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/21/2021Response to Motion filed Response to Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Daniel wes Irwin.
06/21/2021Electronic communication sent to Party Email sent to counsel for respondent to determine if a response to the Second Motion for Extension of Time to file Motion for Rehearing will be filed.
06/21/2021Motion for Extension of Time to File Motion for Rehearing Second Opposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Allstate Insurance Company.
06/05/2021Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due July 7, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/04/2021Call received Call received from counsel for Petitioner regarding Motion for Extension of Time to file Motion for Rehearing.
06/01/2021Response to Motion filed Response to Motion for Extension of Time to file Motion for Rehearing filed on behalf of Daniel Wes Iriwin.
05/28/2021Electronic communication sent to Party Email sent to counsel for Respondent to determine whether a Response to the Motion for Extension of Time to file Motion for Rehearing will be filed.
05/28/2021Motion for Extension of Time to File Motion for Rehearing Motion for Extension of Time to file Motion for Rehearing filed on behalf of Allstate Insurance Company.
05/21/2021Court approved judgment sent to attorneys of recordIssued 
05/21/2021Dissenting opinion issued.IssuedChief Justice Hecht delivered a dissenting opinion, in which Justice Guzman, Justice Bland, and Justice Huddle joined.
05/21/2021Opinion issuedCourt of appeals' judgment affirmedThe Court affirms the court of appeals' judgment. Justice Devine delivered the opinion of the Court, in which Justice Lehrmann, Justice Boyd, Justice Blacklock, and Justice Busby joined.
(5/21/2021 10:35:31 AM) 190885d.pdf, 190885.pdf, 19-0885.jmt.pdf
02/24/2021Letter Filed Letter filed on behalf of State Farm Mutual Automobile Insurance Company.
01/28/2021Letter Filed Post- Submission Letter filed on behalf of Daniel Wes Irwin.
01/27/2021Amicus Curiae Letter Received Amicus Curiae Letter of Defense Counsel of San Antonio received from Michael DeNuccio.
01/25/2021Post submission brief filed Respondent's Post-Submission Brief on the Merits filed on behalf of Daniel Wes Irwin.
01/11/2021Post submission brief filed Post-Submission Letter filed on behalf of Allstate Insurance Company.
01/07/2021Oral argument  Argued on behalf of Petitioner by Roger D. Higgins; Argued on behalf of Respondent by Thomas A. Crosley
12/31/2020Amicus Curiae Brief received Amicus Curiae Brief of the Insurance Council of Texas, et al. submitted by Beth D. Bradley of Tollefson Bradley Mitchell & Melendi, LLP in Dallas, Texas.
12/30/2020Submission Schedule  
12/29/2020Amicus Curiae Brief received Amicus Curiae Brief received on behalf of Texas Trial Lawyers Association.
12/09/2020Oral Argument Submission Form from Attorney received Oral Argument Submission Form filed on behalf of Allstate Insurance Company. Oral Argument will be presented by Roger D. Higgins of Thompson, Coe, Cousins & Irons, LLP of Dallas, Texas.
12/09/2020Letter sent to parties from Supreme Court - See Remarks Letter sent to parties stating: "The Supreme Court of Texas set the above-referenced cause for oral submission for Thursday, January 7, 2021. Oral argument will be held via Zoom. Attached is a guide for attorneys participating in oral arguments via Zoom. The Clerk of the Court will contact you with further instructions.  If parties have not submitted an oral argument submission form at this time, please get it in no later than 9 a.m., December 11, 2020."
12/02/2020Amicus Curiae Brief received Amicus Brief received on behalf of Farmers Texas County Mutual Insurance Company.
11/30/2020Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of Respondent, Daniel Wes Irwin. Oral Argument will be presented by Thomas A. Crosley of Crosley Law Firm, P.C. of San Antonio, Texas.
10/02/2020Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., January 7, 2021. Time allotted to argue: 20/20 minutes
10/02/2020Petition for Review disposedFiling granted 
10/02/2020Petition for Review granted  
09/25/2020Amicus Curiae Brief received Amicus Curiae Brief received from Melissa Lorber.
09/17/2020Reply Brief Reply Brief on the Merits filed on behalf of Allstate Insurance Company.
08/07/2020Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief due on September 17, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/06/2020Motion for Extension of Time to File Brief filed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Allstate Insurance Company.
08/03/2020Brief on the Merits Respondent's Brief on the Merits filed on behalf of Daniel Wes Irwin.
07/02/2020Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due August 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief on the Merits is due August 18, 2020.
07/02/2020Call received Call received from counsel for Respondent regarding returned Motion for Extension of Time to file Respondent's Brief on the Merits.
07/02/2020Motion for Extension of Time to File Brief filed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Daniel Wes Irwin.
06/12/2020Brief on the Merits Petitioner's Brief on the Merits filed on behalf of Allstate Insurance Company.
05/13/2020Motion for Extension of Time disposed.Filing grantedSecond Motion for Extension of Time to file Petition for Review granted. No further extensions of time will be considered. Petitioner's brief is due no later than June 12, 2020; Respondent's brief is due July 2, 2020; and Reply is due July 17, 2020.
05/12/2020Motion for Extension of Time to File Brief filed Second Motion for Extension of Time to file Petition for Review filed on behalf of Allstate Insurance Comapny.
03/30/2020Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due May 13, 2020. Response Brief due June 2, 2020. Reply Brief due June 17, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/27/2020Notice received Notice Withdrawing Respondent's Opposition to Petitioner's Motion for Extension of Time to file their Brief on the Merits filed on behalf of Daniel Wes Irwin.
03/27/2020Electronic communication received from Party Email received from counsel for respondent stating they withdraw their opposition to the motion for extension of time.
03/26/2020Electronic communication sent to Party Email sent to counsel for respondent to determine if they will file a response to the Motion for Extension of Time.
03/26/2020Motion for Extension of Time to File Brief filed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Allstate Insurance Company.
03/13/2020Brief on the Merits Requested Briefs on the merits requested:  Petitioner's brief due no later than April 13, 2020; Response brief due May 4, 2020; Reply brief due May 19, 2020.
02/10/2020Amicus Curiae Brief received Amicus Brief received on behalf of Farmers Texas County Mutual Insurance Company.
01/21/2020Reply to Response Reply in Support of Petition for Review filed on behalf of Allstate Insurance Company.
01/07/2020Case forwarded to Court  
01/03/2020Response to Petition Response to Petition for Review filed on behalf of Daniel Wes Irwin.
12/05/2019Petition for Review Petition for Review filed on behalf of Allstate Insurance Company.
11/04/2019Second Motion for Extension of Time to File Petition for Review disposedFiling grantedSecond Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due December 6, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/04/2019Second Motion for Extension of Time to File Petition for Review filed Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Allstate Insurance Company.
10/01/2019Motion for Extension of Time to File Petition for Review disposedFiling grantedMotion for Extension of Time to file Petition for Review granted. Petition for Review due November 6, 2019.
10/01/2019Motion for Extension of Time to File Petition for Review filed Motion for Extension of Time to file Petition for Review filed on behalf of Allstate Insurance Company.
10/01/2019Court reporter/recorder's record  
10/01/2019Court reporter/recorder's record  
10/01/2019Supplement to Clerk's/Reporter's Record  
10/01/2019Clerk's Record  
10/01/2019Court reporter/recorder's record  
Calendars
Set DateCalendar TypeReason SetRemarks
08/06/2021StatusMotion for rehearing due to be filed. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
Parties
PartyPartyTypeRepresentative
American Property Casualty Insurance AssociationAmicus CuriaeMs. Lisa Ann Songy
Ms. Beth D. Bradley
Mr. Matthew P. Rigney
Farmers Texas County Mutual Insurance CompanyAmicus CuriaeMr. Scot Graves Doyen
Mr. Dale Wainwright  
Mr. Charles R. 'Skip' Watson Jr.
Irwin, Daniel WesRespondentMs. Amber Winer-Gebhart
Mr. Thomas Andrew Crosley
Mr. Shawn Mechler
Insurance Council of TexasAmicus CuriaeMs. Beth D. Bradley
Ms. Lisa Ann Songy
Mr. Matthew P. Rigney
Defense Counsel of San AntonioAmicus CuriaeMr. Michael DeNuccio
Texas Trial Lawyers AssociationAmicus CuriaeMr. Jim M. Perdue Jr.
Mr. Steven R. Samples
State Farm Mutual Automobile Insurance CompanyAmicus CuriaeMs. Melissa A. Lorber
Allstate Insurance CompanyPetitionerMs. Jacquelyn Ann Chandler
Mr. Wallace B. Jefferson  
Mr. William J. Boyce
Ms. Rachel Anne Ekery  
Mr. Roger Higgins
Ms. Elizabeth Lee Thompson
Mr. John M. Causey
National Association of Mutual Insurance CompaniesAmicus CuriaeMr. Matthew P. Rigney
Ms. Beth D. Bradley
Ms. Lisa Ann Songy
Court of Appeals Information:
Affirmed  
606 SW3d 774, 08-21-19 
4th Court of Appeals 
Honorable Beth Watkins 
Trial Court Information
224th District Court 
Bexar 
Honorable John D. Gabriel 
2017CI03490 
 
 

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