Supreme Court

Case: 22-0846    
22-0846
09/27/2022
Petition for Review/Cause under Rule 53.1
WESTWOOD MOTORCARS, LLC 
VIRTUOLOTRY, LLC AND RICHARD BOYD 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/16/2024Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Westwood Motorcars, LLC.
10/19/2023Amended Brief filedPetitioner Amended Reply Brief on the Merits filed on behalf of Westwood Motorcars, LLC.
10/19/2023Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Westwood Motorcars, LLC.
08/28/2023Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Virtuolotry, LLC, et al.
07/24/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Westwood Motorcars, LLC.
03/29/2023Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Westwood Motorcars, LLC.
02/27/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Virtuolotry, LLC, et al.
11/21/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Westwood Motorcars, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2022Case forwarded to Court 
12/18/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Virtuolotry, LLC, et al. Oral Argument will be presented by David S. Coale of Lynn Pinker Hurst & Schwegmann LLP of Dallas, Texas.
12/15/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 20, 2024.  Time allotted to argue: 20/20 minutes
12/15/2023Petition for Review disposedFiling granted
12/15/2023Petition for Review granted 
11/21/2022Petition for Review  Petition for Review filed on behalf of Westwood Motorcars, LLC.
11/01/2022Second 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. Petition for Review is due November 21, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/01/2022Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Westwood Motorcars, LLC.
10/20/2023Call received  Call from petitioner's counsel stating amended reply brief supersedes original reply brief filed.
10/19/2023Amended Brief filed  Amended Reply Brief on the Merits filed on behalf of Westwood Motorcars, LLC.
10/19/2023Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Westwood Motorcars, LLC.
10/06/2023Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief is due October 19, 2023. Further requests for extensions of time for this filing will not be considered.
10/06/2023Call received  Call received from counsel regarding status of second motion for extension of time.
10/02/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Westwood Motorcars, LLC.
09/28/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due November 7, 2022.
09/27/2022Motion 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 Westwood Motorcars, LLC.
09/27/2022Clerk's Record 
09/27/2022Court reporter/recorder's record 
09/27/2022Clerk's Record 
09/27/2022Clerk's Record 
08/31/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due October 12, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/31/2023Motion 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 Westwood Motorcars, LLC.
08/28/2023Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Virtuolotry, LLC, et al.
08/08/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Response Brief is due August 28, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due September 12, 2023.
08/08/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Virtuolotry, LLC, et al.
07/24/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Westwood Motorcars, LLC.
06/28/2024Mandate issued  Mandate & Cost Bill Issued
06/21/2023Motion 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 is due July 24, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due August 14, 2023. Reply Brief is due August 29, 2023.
06/21/2023Motion 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 Westwood Motorcars, LLC.
06/02/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 3, 2023; Response brief due July 24, 2023; Reply brief due August 8, 2023.
05/17/2024Court approved judgment sent to attorneys of recordIssued
05/17/2024Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Huddle delivered the opinion of the Court.
(5/17/2024 11:34:45 AM) 220846.pdf, 22-0846.jmt.pdf
03/29/2023Reply to Response  Reply in Support of Petition for Review filed on behalf of Westwood Motorcars, LLC.
03/09/2023MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due March 29, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/08/2023Motion 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 Westwood Motorcars, LLC.
02/27/2023Response to Petition  Response to Petition for Review filed on behalf of Virtuolotry, LLC, et al.
02/20/2024Oral argument   Argued on behalf of Petitioner by Jeffrey S. Levinger; Argued on behalf of Respondents by David S. Coale
02/16/2024Submission Schedule 
02/16/2024Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Westwood Motorcars, LLC.
02/06/2024Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Jeffrey S. Levinger with Levinger PC of Dallas, Texas, filed on behalf of Westwood Motorcars, LLC.
02/06/2024Oral Argument Submission Form from Attorney received  Copy of Oral Argument Submission Form submitted on behalf of Virtuolotry, LLC, et al. Oral Argument will be presented by David S. Coale of Lynn Pinker Hurst & Schwegmann LLP of Dallas, Texas.
01/27/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than February 27, 2023.
01/06/2025Document received (See Remarks)  Unopposed Motion for Extension of Time filed on behalf of Virtuolotry, LLC, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/28/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Westwood Motorcars, LLCPetitionerMr. Jeffrey S. Levinger
Mr. Joseph Cecere
Mr. Thomas Phillips
Mr. James E. Pennington
Virtuolotry, LLC and Richard BoydRespondentMr. David S. Coale
Ms. Paulette Miniter
Mr. Samuel Hardy IV
Mr. Jeremy Fielding
Mr. Daniel C. Polese
Court of Appeals Information:
Reverse & Render 
684 SW3d 466, 06-01-22 
5th Court of Appeals 
Honorable David J. Schenck 
Trial Court Information
134th District Court 
Dallas 
Honorable Dale B. Tillery 
DC-15-14833