Supreme Court

Case: 21-0165    
21-0165
02/12/2021
Mandamus/Cause
IN RE WHATABURGER RESTAURANTS LLC 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/09/2022Motion for RehearingRelator's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Yvonne Cardwell.
02/03/2022Post submission brief filedReal Parties in Interest Post-Submission Letter filed on behalf of Yvonne Cardwell.
02/02/2022Post submission brief filedRelator Post Submission Letter filed on behalf of Whataburger Restaurants LLC.
01/20/2022Post submission brief filedReal Parties in Interest Post-Submission Letter Brief filed on behalf of Yvonne Cardwell.
01/11/2022Exhibits in case/cause filedRelator Oral Argument Exhibits filed on behalf of Whataburger Restaurants LLC
09/24/2021Reply BriefRelator Reply Brief on the Merits filed on behalf of Whataburger Restaurants LLC.
09/09/2021Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Yvonne Cardwell.
08/16/2021Brief on the MeritsRelator Relator's Brief on the Merits filed on behalf of Whataburger Restaurants, LLC.
05/17/2021Reply to ResponseRelator Reply in support of Petition for Writ of Mandamus filed on behalf of Whataburger Restaurants LLC.
04/26/2021Response to PetitionReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Yvonne Cardwell.
02/12/2021Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of Whataburger Restaurants LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
06/17/2022Certified cys of cost bill sent to attys of record  Cost Bill Issued
06/17/2022Motion for Rehearing - DisposedDenied
05/10/2022Case forwarded to Court 
05/09/2022Motion for Rehearing  Motion for Rehearing filed on behalf of Yvonne Cardwell.
04/22/2022Opinion issuedWrit of Mandamus conditionally granted The Court conditionally grants the writ of mandamus. Chief Justice Hecht delivered the opinion of the Court.
(4/22/2022 5:04:44 PM) 210165.pdf
02/03/2022Post submission brief filed  Post-Submission Letter filed on behalf of Yvonne Cardwell.
02/02/2022Post submission brief filed  Post Submission Letter filed on behalf of Whataburger Restaurants LLC.
01/20/2022Post submission brief filed  Post-Submission Letter Brief filed on behalf of Yvonne Cardwell.
01/13/2022Oral argument   Argued on behalf of Relator by W. Alan Wright; Argued on behalf of Real Party in Interest by Jeffrey B. Pownell
01/11/2022Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Whataburger Restaurants LLC
01/11/2022Electronic communication sent to Party  Email sent to attorneys regarding an update on oral argument. The courtroom of the Supreme Court of Texas is closed to the public for oral arguments January 11-13, 2022. Admission is limited to counsel and those accompanying them in cases on the submission schedule, and public officials. As always, oral arguments are webcast live on our YouTube channel, and recordings are available later in the archives at the TexasBarCLE website.
01/07/2022Submission Schedule 
01/03/2022Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties regarding additional oral argument information.
12/31/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Yvonne Cardwell. Oral Argument will be presented by Jeffrey B. Pownell of Scherr Legate, PLLC, El Paso, Texas.
12/31/2021Notice of Appearance  Notice of Appearance filed on behalf of Yvonne Cardwell.
12/30/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Whataburger Restaurants, LLC. Oral Argument will be presented by W. Alan Wright of Kilpatrick Townsend & Stockton LLP, of Dallas, Texas.
11/19/2021Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 13, 2022. Time allotted to argue:  20/20 minutes
11/19/2021Mandamus Set to Argue 
11/19/2021Petition for Writ of Mandamus disposedCase set for oral argument
09/24/2021Reply Brief  Reply Brief on the Merits filed on behalf of Whataburger Restaurants LLC.
09/10/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Real Party in Interest's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Real Party in Interest's brief is due September 9, 2021; and Reply brief is due September 24, 2021.
09/09/2021Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Yvonne Cardwell.
09/09/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Yvonne Cardwell.
08/16/2021Brief on the Merits  Relator's Brief on the Merits filed on behalf of Whataburger Restaurants, LLC.
07/14/2021Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Relator's Brief on the Merits granted.  Relator's Brief is due August 16, 2021; Response brief is due September 6, 2021; Reply brief is due September 21, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
07/14/2021Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Relator's Brief on the Merits filed on behalf of Whataburger Restaurants LLC.
06/18/2021Brief on the Merits Ordered  Brief on the merits requested:  Relator's brief on the merits due no later than July 19, 2021; Response brief due August 9, 2021; Reply brief due August 24, 2021.
05/17/2021Call received  Call received from counsel for relator regarding returned filing.
05/17/2021Reply to Response  Reply in support of Petition for Writ of Mandamus filed on behalf of Whataburger Restaurants LLC.
04/26/2021Response to Petition  Response to Petition for Writ of Mandamus filed on behalf of Yvonne Cardwell.
03/26/2021Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due no later than April 26, 2021.
02/23/2021Case forwarded to Court 
02/12/2021Case Record Filed   Mandamus Record filed on behalf of Whataburger Restaurants LLC.
02/12/2021Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of Whataburger Restaurants LLC.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/17/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Whataburger Restaurants LLCRelatorMr. Samuel Wesley Butler
Mr. W. Alan Wright
Mr. Craig Alan McDougal
Morales, RubenRespondent 
Cardwell, YvonneReal Party in Interest Mr. Joseph Gabriel Isaac
Mr. Jeffrey B. Pownell
Court of Appeals Information:
Denied 
632 SW3d 101, 01-06-21 
8th Court of Appeals 
Honorable Yvonne Rodriguez 
Trial Court Information
County Court at Law No 7 
El Paso 
Honorable Ruben Morales 
2013-DCV-0910