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Philippe Tanguy, et al. v. William G. West, as Chapter 7 Trustee of Richard Davis, Debtor, et al.

Paid petition · Court of Appeals of Texas, First District, No. 01-14-00455-CV · judgment October 27, 2016


Certiorari denied · March 5, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Respondent West filed suit in the Bankruptcy Court on a promissory note against Petitioners Tanguy and 13,500. App. B; P. 3a-4a, cert. denied 134 S. Ct. 1002 (2014). Petitioners Tanguy and 13,500, non-creditors in the Bank­r uptcy proceeding that did not file proofs of claim, filed a counter-claim and demanded a jury trial. In Re: Davis, 538 Fed. Appx. 440, cert. denied, 134 S.Ct. 1002 (2014) The Bankruptcy Judge denied Petitioners’ demand for jury trial and signed a judgment in favor of Bankruptcy Trustee West on his claim for breach of contract. App. B; P. 3a-4a. Lat er, Respondent West “domesticat ed” the Bankruptcy judg­ment in the Harris County District Court under the Uniform Enfor­cements of Foreign Judgment Act. Texas Civil Practice and Reme­dies Code Sections 35.001 - 35.008, et seq. App. A; P. 1a-2a. The State Court granted Respondent West’s Motion to Appoint a Receiver and for turnover of Petitioners’ property to that Receiver. App. C; P. 9a. Petitioners, Tanguy, 13,500, and PTRE, appealed those orders to the State Court of Appeals. App. C; P. 9a. The State Court of Appeals issued a first Opinion on April 28, 2016 in Petitioners’ favor reversing the Orders appointing Receiver and for turnover of property. App. C; P. 7a-21a.

Counsel of record

For petitioner
Joe Alfred Izen Jr.

For respondent
Lynne Liberato
Haynes and Boone, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
17A537

Proceedings

  1. Mar 05 2018
    Petition DENIED.
  2. Feb 14 2018
    DISTRIBUTED for Conference of 3/2/2018.
  3. Jan 05 2018
    Waiver of right of respondent Eva S. Engelhart, Receiver to respond filed.
  4. Dec 26 2017
    Petition for a writ of certiorari filed. (Response due February 5, 2018)
  5. Nov 17 2017
    Application (17A537) granted by Justice Alito extending the time to file until December 26, 2017.
  6. Nov 10 2017
    Application (17A537) to extend the time to file a petition for a writ of certiorari from November 23, 2017 to January 22, 2018, submitted to Justice Alito.