Supreme Court

Case: 22-0424    
22-0424
05/27/2022
Petition for Review/Cause under Tex. R. App. P. 59.1
NATHAN D. ALBERT AND CHISHOLM TRAIL REDI-MIX, LLC 
FORT WORTH & WESTERN RAILROAD COMPANY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/04/2024Reply to Response to Motion for Rehearing filedRespondent Respondents' Reply in Support of Motion for Rehearing filed on behalf of Fort Worth & Western Railroad Company.
05/28/2024Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of Nathan D. Albert, et al.
04/18/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of BSNF Railway Co., et al. submitted by Kent Rutter and Ryan Paulsen of Haynes and Boone, LLP from Dallas, Texas.
04/03/2024Motion for Rehearing for pet #2 Rehearing filed in Petition for Review Respondent's Motion for Rehearing filed on behalf of Fort Worth & Western Railroad Company.
03/04/2024Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Nathan D. Albert, et al.
02/24/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Nathan D. Albert, et al.
02/08/2023Brief on the MeritsRespondent Response Brief filed on behalf of Fort Worth & Western Railroad Company.
12/21/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Nathan D. Albert, et al.
09/12/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Fort Worth & Western Railroad Company.
07/06/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Nathan D. Albert, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
06/21/2024Mandate issued  Mandate & Cost Bill Issued
06/21/2024Justice(s) dissent to denial noted  Justice Blacklock notes his dissent from the Court's denial of the motions for rehearing.
06/21/2024Motion for Rehearing - DisposedDenied with Justice not sitting. Justice Blacklock notes his dissent from the Court's denial of the motions for rehearing. (Justice Devine not participating)
06/21/2024Motion for Rehearing - DisposedDenied with Justice not sitting. Justice Blacklock notes his dissent from the Court's denial of the motions for rehearing. (Justice Devine not participating)
06/04/2024Reply to Response to Motion for Rehearing filed  Respondents' Reply in Support of Motion for Rehearing filed on behalf of Fort Worth & Western Railroad Company.
05/28/2024Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Nathan D. Albert, et al.
04/26/2024Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing is granted. Response is due May 28, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/26/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Nathan D. Albert, et al.
04/25/2024Supreme Court of Texas Requested Response  Requested response to motion for rehearing filed on behalf of Fort Worth & Western Railroad Company due no later than May 10, 2024.
04/18/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of BSNF Railway Co., et al. submitted by Kent Rutter and Ryan Paulsen of Haynes and Boone, LLP from Dallas, Texas.
04/03/2024Motion for Rehearing for pet #2   Respondent's Motion for Rehearing filed on behalf of Fort Worth & Western Railroad Company.
03/04/2024Motion for Rehearing  Motion for Rehearing filed on behalf of Nathan D. Albert, et al.
03/01/2024Motion 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 will be disfavored. Motion for Rehearing is due no later than April 3, 2024.
02/29/2024Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Fort Worth & Western Railroad Company.
02/16/2024Court approved judgment sent to attorneys of recordIssued
02/16/2024Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court. Per Curiam Opinion
(2/16/2024 11:22:32 AM) 220424pc.pdf, 22-0424.jmt.pdf
02/16/2024Petition for Review disposedPetition granted pursuant to TRAP 59.1
02/16/2024Petition for Review granted under TRAP 59.1 
02/24/2023Reply Brief  Reply Brief on the Merits filed on behalf of Nathan D. Albert, et al.
02/08/2023Brief on the Merits  Response Brief filed on behalf of Fort Worth & Western Railroad Company.
01/03/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief is due no later than February 9, 2023. Petitioner's Reply Brief is due February 24, 2023. Further requests for extensions of time for this filing will be disfavored.
01/03/2023Motion 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 Fort Worth and Western Railroad.
12/21/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Nathan D. Albert, et al.
11/14/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due no later than December 21, 2022. Respondent's Brief on the Merits is due January 10, 2023. Petitioner's Reply Brief on the Merits is due January 25, 2023. Further requests for extensions of time for this filing will be disfavored.  
11/11/2022Motion 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 Nathan D. Albert, et al.
10/21/2022Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than November 21, 2022; Response brief due December 12, 2022; Reply brief due December 27, 2022.
09/12/2022Response to Petition  Response to Petition for Review filed on behalf of Fort Worth & Western Railroad Company.
08/12/2022Supreme Court of Texas Requested Response  Response requested to petition for review due no later than September 12, 2022.
07/12/2022Case forwarded to Court 
07/07/2022Response Waiver filed  Response Waiver filed on behalf of Fort Worth and Western Railroad Company.
07/06/2022Petition for Review  Petition for Review filed on behalf of Nathan D. Albert, et al.
05/27/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due no later than July 6, 2022.
05/27/2022Motion 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 Nathan D. Albert, et al.
05/27/2022Supplement to Clerk's/Reporter's Record 
05/27/2022Supplement to Clerk's/Reporter's Record 
05/27/2022Supplement to Clerk's/Reporter's Record 
05/27/2022Supplement to Clerk's/Reporter's Record 
05/27/2022Supplement to Clerk's/Reporter's Record 
05/27/2022Clerk's Record 
05/27/2022Court reporter/recorder's record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/21/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Albert, Nathan D.PetitionerMr. Ty J. Jones  
Ms. Laura L. Worsham
Ms. Lindy D. Jones
BSNF Railway Co. and Union Pacific Railroad Co.Amicus CuriaeMr. Allen Ryan Paulsen  
Mr. Kent G. Rutter
Chisholm Trail Redi-Mix, LLCPetitionerMr. Ty J. Jones  
Ms. Laura L. Worsham
Ms. Lindy D. Jones
Fort Worth & Western Railroad CompanyRespondentMr. Stuart B. Lumpkins Jr.
Mr. Angus 'Andy' McSwain
Mr. George C. Haratsis
Ms. Brittani Rollen
Court of Appeals Information:
Reverse & Render 
___ SW3d ___, 02-23-22 
10th Court of Appeals 
Honorable Tom W. Gray 
Trial Court Information
18th District Court 
Johnson 
Honorable Kenneth C. Curry 
DC-C201600307