Supreme Court

Case: 16-0588    
16-0588
08/08/2016
Petition for Review/Cause under Rule 53.1
ALBERT LUJAN D/B/A TEXAS WHOLESALE FLOWER CO. 
NAVISTAR, INC., NAVISTAR INTERNATIONAL CORPORATION, NAVISTAR INTERNATIONAL TRANSPORTATION CORP., INTERNATIONAL TRUCK AND ENGINE CORPORATION AND SANTEX TRUCK CENTERS, LTD. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/18/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief in Support of Albert Lujan d/b/a Texas Wholesale Flower Co. on Motion for Rehearing submitted by Wolfgang P. Hirczy de Mino, PhD.
06/07/2018Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Albert Lujan.
02/14/2018Post submission brief filedPetitioner Post Submission Brief filed on behalf of Albert Lujan.
02/13/2018Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Navistar, Inc., et al.
09/26/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Albert Lujan.
07/31/2017Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Navistar, Inc., et al.
06/09/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Albert Lujan.
02/09/2017Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Albert Lujan.
01/17/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of Navistar, Inc. and Santex Truck Centers, Ltd.
10/18/2016Petition for ReviewPetitioner Petition for Review filed on behalf of Albert Lujan.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2016Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response is granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response due February 1, 2017.
12/21/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Navistar, Inc., et al.
12/02/2016Supreme Court of Texas Requested Response  Requested response to petition for review due no later than January 2, 2017.
11/01/2016Case forwarded to Court 
10/29/2018Case Stored  e-stored
10/27/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 6, 2018.  Time allotted to argue: 20/20 minutes
10/27/2017Petition for Review disposedFiling granted
10/27/2017Petition for Review granted 
10/27/2016Response Waiver filed  Response Waiver filed on behalf of Navistar Inc. and Santex Truck Centers
10/24/2016Fourth Motion for Extension of Time to File Petition for Review disposedFiling granted Fourth Motion for Extension of Time to file Petition for Review has been granted. Petition for Review was filed on October 18, 2016.
10/19/2016Fourth Motion for Extension of Time to File Petition for Review filed  Fourth Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Albert Lujan.
10/18/2016Petition for Review  Petition for Review filed on behalf of Albert Lujan.
10/05/2016Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petition for Review is due October 17, 2016.
10/05/2016Third Motion for Extension of Time to File Petition for Review filed  Third Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Albert Lujan.
09/28/2018Mandate issued  Mandate & Cost Bill Issued
09/28/2018Motion for Rehearing - DisposedDenied
09/26/2017Reply Brief  Reply Brief on the Merits filed on behalf of Albert Lujan.
09/25/2017Motion for Extension of Time disposed.Filing granted Third Unopposed Motion for Extension of Time to file Reply Brief on the Merits granted. No further extensions of time will be considered. Reply brief is due September 26, 2017.
09/25/2017Motion for Extension of Time to File Brief filed  Third Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Albert Lujan.
09/06/2016Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due October 7, 2016.
09/06/2016Second 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 Albert Lujan.
09/05/2017Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits granted. No further extensions of time will be considered. Reply brief is due September 25, 2017.
09/05/2017Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Albert Lujan.
08/16/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due September 5, 2017.
08/16/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Albert Lujan.
08/08/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted. Petition for Review is due September 7, 2016.
08/08/2016Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Albert Lujan.
07/31/2017Brief on the Merits  Response Brief on the Merits filed on behalf of Navistar, Inc., et al.
07/18/2018Amicus Curiae Brief received  Amicus Curiae Brief in Support of Albert Lujan d/b/a Texas Wholesale Flower Co. on Motion for Rehearing submitted by Wolfgang P. Hirczy de Mino, PhD.
06/26/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due on July 31, 2017. Reply Brief is due on August 15, 2017.
06/26/2017Motion 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 Navistar, Inc. and Santex Truck Centers, Ltd.
06/18/2018Response Waiver filed  Response Waiver to Motion for Rehearing filed on behalf of Navistar Inc. and Santex Truck Centers.
06/09/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Albert Lujan.
06/07/2018Case forwarded to Court 
06/07/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Albert Lujan.
06/05/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Third Unopposed Motion for Extension of Time to file Motion for Rehearing is granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Motion for Rehearing is due June 7, 2018.
06/05/2018Motion for Extension of Time to File Motion for Rehearing  Petitioner's Third Motion for Extension of Time to File Motion for Rehearing filed on behalf of Albert Lujan
05/30/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Unopposed Motion for Extension of Time to file Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Motion for Rehearing is due June 5, 2018.
05/29/2018Motion for Extension of Time to File Motion for Rehearing  Second Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Albert Lujan.
05/17/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due May 29, 2018.
05/17/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Albert Lujan.
05/09/2017Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Petitioner's brief is due June 9, 2017; Response brief is due June 29, 2017; Reply brief is due July 14, 2017.
05/09/2017Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Albert Lujan.
04/27/2018Court approved judgment sent to attorneys of recordIssued
04/27/2018Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court. Justice Blacklock delivered the opinion of the Court.
(4/27/2018 12:25:07 PM) 160588.pdf, 16-0588.jmt.pdf
04/07/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Petitioner's Brief is due May 10, 2017. Further requests for extensions of time for this filing will be disfavored. Response Brief is due May 30, 2017. Reply Brief is due June 14, 2017.
04/07/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Albert Lujan.
03/15/2017Case Record Filed   Electronic Appellate Record received.
03/13/2017Record Requested in Case  Record requested from the 14th COA
03/10/2017Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than April 10, 2017; Response brief due May 1, 2017; Reply brief due May 16, 2017.
02/14/2018Post submission brief filed  Post Submission Brief filed on behalf of Albert Lujan.
02/14/2017MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply is granted. Reply was filed in our office on February 9, 2017.
02/14/2017Motion to Extend Time to File Reply filed  Second Unopposed Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Albert Lujan.
02/13/2018Post submission brief filed  Post-Submission Letter Brief filed on behalf of Navistar, Inc., et al.
02/13/2017Phone call from Clerk's Office  Called attorney for petitioner regarding submitting a motion for extension of time.
02/09/2017Reply to Response  Reply in Support of Petition for Review filed on behalf of Albert Lujan.
02/06/2018Submission Schedule 
02/06/2018Oral argument   Argued on behalf of petitioner by Sean M. Reagan; Argued on behalf of respondents by Richard A. Sheehy
02/02/2017MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply is granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply due February 8, 2017.
02/02/2017Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Albert Lujan.
01/17/2017Response to Petition  Response to Petition for Review filed on behalf of Navistar, Inc. and Santex Truck Centers, Ltd.
01/08/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioner, Albert Lujan. Oral Argument will be presented by Sean M. Reagan of Leyh, Payne & Mallia, PLLC of Houston, Texas.
01/08/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Navistar Inc. and Santex TruckCenters. Oral Argument will be presented by Richard A. Sheehy of Sheehy Ware & Pappas, P.C of Houston, Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/29/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
International Truck and Engine Corporation and Santex Truck Centers, Ltd.RespondentMr. Richard A. Sheehy
Mr. Christopher James Kronzer
Mr. William J. Collins III
Mr. Edward Kiss
Navistar International Transportation Corp.RespondentMr. Edward Kiss
Mr. Richard A. Sheehy
Mr. Christopher James Kronzer
Mr. William J. Collins III
Texas Wholesale Flower Co.PetitionerMr. Wesley S. Coddou
Mr. Sean Michael Reagan
Santex Truck Centers, Ltd.RespondentMr. William J. Collins III
Mr. Richard A. Sheehy
Mr. Christopher James Kronzer
Mr. Edward Kiss
Navistar, Inc.RespondentMr. Christopher James Kronzer
Mr. Edward Kiss
Mr. Richard A. Sheehy
Mr. William J. Collins III
Navistar International CorporationRespondentMr. Edward Kiss
Mr. Christopher James Kronzer
Mr. William J. Collins III
Mr. Richard A. Sheehy
Lujan, AlbertPetitionerMr. Sean Michael Reagan
Mr. Wesley S. Coddou
Hirczy De Mino, PhD, Wolfgang P.Amicus CuriaeMr. Wolfgang P. Hirczy De Mino PhD
Court of Appeals Information:
Affirmed  
503 SW3d 424, 06-23-16 
14th Court of Appeals 
Honorable Kenneth Price Wise 
Trial Court Information
129th District Court 
Harris 
Honorable Michael Paul Gomez 
2009-77458