Supreme Court

Case: 14-0216    
14-0216
03/24/2014
U.S. Certified Question accepted by Supreme Court
RANDY AUSTIN 
KROGER TEXAS, L.P. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/10/2015Amicus Curiae Brief receivedReceived (instead of filed) Supplemental Amicus Curiae Brief filed on behalf of Texas Trial Lawyers Association.
03/12/2015Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae Brief in support of Randy J. Austin filed on behalf of Texas Trial Lawyers Association.
12/15/2014Letter brief Petitioner Response to Letter Brief filed on behalf of Randy Austin.
12/12/2014Letter brief Respondent Letter Brief filed on behalf of Respondent Kroger Texas L.P.
12/02/2014Amicus Curiae Brief receivedAmicus Curiae Amicus Brief filed on behalf of Brookshire Grocery Company.
10/15/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of San Antonio Trial Lawyers Association.
09/18/2014Reply BriefAppellant in case Reply Brief filed on behalf of Randy J. Austin.
08/04/2014Brief on the MeritsAppellee in case Appellee's Brief on the Merits filed on behalf of Kroger Texas, L.P.
05/15/2014Brief on the MeritsAppellant in case Appellant's Brief on the Merits filed on behalf of Randy Austin.
03/24/2014Certified Question filedU. S. Certified Question Certified Question filed by the Fifth Circuit Court of Appeals on behalf Randy J. Austin.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/15/2014Letter brief   Response to Letter Brief filed on behalf of Randy Austin.
12/12/2014Letter brief   Letter Brief filed on behalf of Respondent Kroger Texas L.P.
12/09/2014Oral argument   Argued on behalf of Appellant by Matthew J. Kita; argued on behalf of Appellee by Donna C. Peavler
12/02/2014Amicus Curiae Brief received  Amicus Brief filed on behalf of Brookshire Grocery Company.
10/15/2014Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of San Antonio Trial Lawyers Association.
09/29/2014Oral Argument Submission Form from Attorney received  Oral argument submission form submitted on behalf of Randy Austin, Mr. Matthew Kita will be presenting argument.
09/29/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Donna C. Peavler on behalf of Kroger Texas, LP.
09/26/2014Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., December 9, 2014.
09/18/2014Reply Brief  Reply Brief filed on behalf of Randy J. Austin.
08/13/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Reply Brief is due September 18, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE DISFAVORED.
08/13/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Appellant's Reply Brief on the Merits filed on behalf of Randy Austin.
08/04/2014Brief on the Merits  Appellee's Brief on the Merits filed on behalf of Kroger Texas, L.P.
07/25/2014Motion for Extension of Time disposed.Filing granted Third Unopposed Motion for Extension of Time to file Appellee's  Brief on the Merits filed on behalf of Kroger Texas LP has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Appellee's Brief due August 4, 2014; Appelant's Brief due August 19, 2014.
07/25/2014Motion for Extension of Time to File Brief filed  Third Unopposed Motion for Extension of Time to file Appellee's  Brief on the Merits filed on behalf of Kroger Texas LP.
07/23/2015Case Stored  e-stored
07/10/2015Amicus Curiae Brief received  Supplemental Amicus Curiae Brief filed on behalf of Texas Trial Lawyers Association.
06/17/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Appellant's Brief is due July 28, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE DISFAVORED.  Appellee's Brief is due August 12, 2014.
06/17/2014Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Appellant's Brief filed on behalf of Kroger Texas, LP.
06/12/2015Opinion issuedCertified question answered by the Court The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Justice Boyd delivered the opinion of the Court, in which Justice Johnson, Justice Guzman, Justice Lehrmann, and Justice Devine joined, and in which Chief Justice Hecht, Justice Green, Justice Willett, and Justice Brown joined except as to Part IV.
(6/12/2015 2:36:45 PM) 140216.pdf
05/28/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Appelle's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Appellee's brief is due July 7, 2014; and Reply brief is due July 22, 2014.
05/28/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Appellee's Brief on the Merits filed on behalf of Kroger Texas, L.P.
05/15/2014Brief on the Merits  Appellant's Brief on the Merits filed on behalf of Randy Austin.
04/24/2014Call received  Call received from Appellee attorney stating they will be mailing in a check for $85 for the Certified Question filed.  Attorney stated they were unable to pay via efile.
04/23/2014Electronic communication sent to Party  Informed both parties that the each owed a total of $85.00 for the Certified Question.
04/17/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Appellant's Brief on the Merits granted.  Appellant's brief due 5/15/14; Response brief due 6/6/14; Reply brief due 6/23/14.
04/17/2014Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Motion to Abate dismissed as moot
04/17/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Appellant's Brief on the Merits filed on behalf of Randy Austin.
04/07/2014Motion to Abate filed  Unopposed Motion to Abate the Briefing Schedule on the Certified Question, incorporated with Appendix, filed on behalf of Appellant Randy Austin.
04/04/2014Brief on the Merits Ordered  Brief on the merits requested:  Appellant brief due no later than 5/5/14; Appellee brief due 5/27/14; Reply brief due 6/11/14.
04/04/2014Certified Question accepted 
04/04/2014Certified Question disposedCertified Question accepted [Note: The date and time for oral argument are yet to be determined.]
04/01/2014Notice of Appearance  Appellee Kroger Texas, L.P. designates the following additional counsel: Mike A. Hatchell, State Bar No. 09219000; Charles R. “Skip” Watson, Jr., State Bar No. 20967500.
03/24/2014Notice requesting filing fee  Fee request sent to both parties for Certified Question.
03/24/2014Case Record Filed   Certification Question Record.
03/24/2014Certified Question filed  Certified Question filed by the Fifth Circuit Court of Appeals on behalf Randy J. Austin.
03/12/2015Amicus Curiae Brief received  Amicus Curiae Brief in support of Randy J. Austin filed on behalf of Texas Trial Lawyers Association.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/23/2015Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
San Antonio Trial Lawyers Association Amicus CuriaeMr. Javier Garcia Espinoza  
Harold McCall Jr.
Kroger Texas, L.P.AppelleeMs. Donna C. Peavler  
Mr. Dale Wainwright  
Mr. Bryan Kyle Briscoe  
Mr. Charles R. 'Skip' Watson Jr.
Mr. Mike A. Hatchell
Austin, RandyAppellantMr. Matthew J. Kita
Texas Trial Lawyers AssociationAmicus CuriaeThe Honorable Peter Kelly
Brookshire Grocery Co.Amicus CuriaeMs. Deborah Johnson Race
Quiktrip CorporationAmicus CuriaeMs. Deborah Johnson Race
Mission Petroleum Carriers, Inc.Amicus CuriaeMr. Brian A. Sheguit  
Daryl Flood, Inc.Amicus CuriaeMs. Deborah Johnson Race
Court of Appeals Information:
 
 
 
 
Trial Court Information