Supreme Court

Case: 17-0151    
17-0151
02/22/2017
Petition for Review/Cause under Rule 53.1
JBS CARRIERS, INC. AND JAMES LUNDRY 
TRINETTE L. WASHINGTON, SOPHIA RENEE LENZY, THOMAS CHARLES LENZY, INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF MARY L. TURNER, DECEASED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/12/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of The National Alliance on Mental Illness and The National Alliance on Mental Illness of Texas in support of Respondents. Submitted by Craig T. Enoch and Sara B. Churchin of Enoch Kever PLLC of Austin, Texas.
09/18/2018Response to Amicus Curiae Brief filedRespondent Response to Texas Trucking Association Amicus Brief filed on behalf of the Turner Family.
09/17/2018Supplemental Brief filedRespondent Supplemental Brief filed on behalf of Trinette L. Washington, et al.
09/17/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Trucking Association in support of petitioners. Submitted by Thomas C. Wright and Brian J. Cathey of Wright Close & Barger LLP of Houston Texas.
05/10/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of JBS Carriers, Inc.
03/12/2018Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of respondents, the Turner Family.
01/05/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of JBS Carriers, Inc. and James Lundry.
08/21/2017Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of JBS Carriers, Inc. and James Lundry.
08/16/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Association of Defense Counsel. Submitted by J. Mitchell Smith of Germer PLLC of Houston, Texas.
08/02/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of Trinette L. Washinton, et al.
05/01/2017Fully hyperlinked brief filedPetitioner Hyperlinked Petition for Review filed on behalf of JBS Carriers, Inc. and James Lundry.
04/27/2017Petition for ReviewPetitioner Petition for Review filed on behalf of JBS Carriers, Inc. and James Lundry.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2018Court approved judgment sent to attorneys of recordIssued
12/21/2018Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court.  Justice Johnson delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Devine, Justice Brown, and Justice Blacklock joined.  (Justice Lehrmann and Justice Boyd not sitting)

(12/21/2018 1:29:45 PM) 170151.pdf, 17-0151.jmt.pdf
12/21/2017Motion for Extension of Time disposed.Filing granted Third Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' brief is due January 5, 2018. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response brief is due January 25, 2018; Reply brief is due February 9, 2018.
12/21/2017Motion for Extension of Time to File Brief filed  Third Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of JBS Carriers, Inc., et al.
12/21/2017Call received  Call received from counsel for JBS Carriers, Inc. regarding submitting a third motion for extension of time to file petitioner's brief on the merits.
11/20/2017Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Petitioners' brief is due December 22, 2017; Respondents' brief is due January 11, 2018; and Reply brief is due January 26, 2018.
11/20/2017Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of JBS Carriers, Inc.
10/19/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioners' brief is due November 22, 2017; Respondents' brief is due December 12, 2017; and Reply brief is due December 27, 2017.
10/19/2017Motion 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 JBS Carriers, Inc., et al.
10/17/2017Case Record Filed   Electronic Appellate Record received.
10/12/2018Amicus Curiae Brief received  Amicus Brief of The National Alliance on Mental Illness and The National Alliance on Mental Illness of Texas in support of Respondents. Submitted by Craig T. Enoch and Sara B. Churchin of Enoch Kever PLLC of Austin, Texas.
09/24/2018Case Record Filed   Trial Court videos received.
09/22/2017Record Requested in Case  Record requested from the 4th COA
09/22/2017Brief on the Merits Ordered  Brief on the Merits Requested:  Petitioner's brief due no later than October 23, 2017; Response brief due November 13, 2017; Reply brief due November 28, 2017
09/21/2018Record Requested in Case  Video from trial court requested from the 4th COA
09/19/2018Oral argument   Argued on behalf of petitioners by Lisa Bowlin Hobbs; Argued on behalf of respondents by David George
09/18/2018Response to Amicus Curiae Brief filed  Response to Texas Trucking Association Amicus Brief filed on behalf of the Turner Family.
09/17/2018Amicus Curiae Brief received  Amicus Brief of Texas Trucking Association in support of petitioners. Submitted by Thomas C. Wright and Brian J. Cathey of Wright Close & Barger LLP of Houston Texas.
09/17/2018Supplemental Brief filed  Supplemental Brief filed on behalf of Trinette L. Washington, et al.
09/14/2018Submission Schedule  Submission Schedule set for September 19, 2018.
08/21/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of petitioners, JBS Carriers, Inc. and James Lundry. Oral Argument will be presented by Lisa Bowlin Hobbs of Kuhn Hobbs PLLC of Austin, Texas.
08/21/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent Trinette L. Washington, et al. Oral Argument will be presented by David George of Baker Wotring LLP of Houston, Texas.
08/21/2017Reply to Response  Reply to Response to Petition for Review filed on behalf of JBS Carriers, Inc. and James Lundry.
08/16/2017Amicus Curiae Brief received  Amicus Brief of Texas Association of Defense Counsel. Submitted by J. Mitchell Smith of Germer PLLC of Houston, Texas.
08/02/2017Response to Petition  Response to Petition for Review filed on behalf of Trinette L. Washinton, et al.
07/03/2017Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due August 2, 2017.
07/03/2017Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Trinette L. Washington, et al.
06/29/2018Case set for oral argumentCase set for oral argument Oral argument of this cause will be conducted on Wednesday, September 19, 2018 at 9:00 a.m. hosted by The University of Texas of the Permian Basin and being held at the  Wagner Noël Performing Arts Center. See Tex. Const. art. V, § 3(a).  Time allotted to argue:  20/20 minutes
06/08/2018Petition for Review granted 
06/08/2018Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/02/2017Supreme Court of Texas Requested Response  Requested response to petition for review due no later than July 3, 2017.
05/10/2018Reply Brief  Reply Brief on the Merits filed on behalf of JBS Carriers, Inc.
05/02/2017Case forwarded to Court 
05/01/2017Fully hyperlinked brief filed  Hyperlinked Petition for Review filed on behalf of JBS Carriers, Inc. and James Lundry.
04/28/2017Response Waiver filed  Response Waiver filed on behalf of Trinette L. Washington, et al.
04/27/2017Petition for Review  Petition for Review filed on behalf of JBS Carriers, Inc. and James Lundry.
04/25/2018Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply Brief is due on May 10, 2018.
04/25/2018Motion 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 JSB Carriers, Inc., et al.
03/21/2017Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due April 28, 2017.
03/21/2017Second 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 JBS Carriers, Inc. and James Lundry.
03/19/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due on April 26, 2018.
03/19/2018Motion 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 JSB Carriers, Inc., et al.
03/12/2018Brief on the Merits  Response Brief on the Merits filed on behalf of respondents, the Turner Family.
02/22/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review due March 29, 2017.
02/22/2017Notice of Appearance  Notice of Appearance of Counsel filed on behalf of JBS Carriers, Inc. and James Lundry.
02/22/2017Motion 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 JBS Carriers, Inc. and James Lundry.
02/20/2018Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Response brief is due March 12, 2018. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply brief is due March 27, 2018.
02/20/2018Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Trinette L. Washington, et al.
01/31/2019Mandate issued  Mandate & Cost Bill Issued
01/22/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Further requests for extensions of time will be disfavored. Response brief is due February 26, 2018; and Reply brief is due March 13, 2018.
01/22/2018Motion 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 Trinette L. Washington, et al.
01/05/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of JBS Carriers, Inc. and James Lundry.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/31/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
JBS Carriers, Inc.PetitionerMr. John L. Price
Mr. Russell Ray Smith
Ms. Lisa Hobbs
Ms. Karlene D. Poll
Ms. Lorien Whyte
Mr. Dan V. Pozza
Mr. Kurt Kuhn
The National Alliance on Mental IllnessAmicus CuriaeMs. Sara B. Churchin
Mr. Craig T. Enoch
The National Alliance on Mental Illness of TexasAmicus CuriaeMs. Sara B. Churchin
Mr. Craig T. Enoch
Lenzy, Thomas CharlesRespondentMr. David George  
Mr. Nicholas Simon
Mr. Sean Edward O'Rourke
Lenzy, Sophia ReneeRespondentMr. Sean Edward O'Rourke
Mr. David George  
Mr. Nicholas Simon
Texas Association of Defense CounselAmicus CuriaeMr. Harrison Tatum
Mr. J. Mitchell Smith
Texas Trucking AssociationAmicus CuriaeMr. Brian J. Cathey
Mr. Thomas C. Wright
Lundry, JamesPetitionerMr. Russell Ray Smith
Ms. Lorien Whyte
Ms. Karlene D. Poll
Ms. Lisa Hobbs
Mr. Dan V. Pozza
Mr. Kurt Kuhn
Mr. John L. Price
Washington, Trinette L.RespondentMr. Sean Edward O'Rourke
Mr. Nicholas Simon
Mr. David George  
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
513 SW3d 703, 01-11-17 
4th Court of Appeals 
Honorable Karen A. Angelini 
Trial Court Information
131st District Court 
 
Honorable Johnny Deep Gabriel 
2013-CI-13011