Supreme Court

Case: 22-0953    
22-0953
10/26/2022
Petition for Review/Cause under Tex. R. App. P. 59.1
PAY AND SAVE, INC. 
ROEL CANALES 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/09/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Pay and Save, Inc.
10/09/2023Reply BriefPetitioner Cross-Reply Brief on the Merits filed on behalf of Roel Canales.
09/22/2023Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Pay and Save, Inc.
09/12/2023Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Roel Canales.
08/23/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Pay and Save, Inc.
08/23/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Roel Canales.
06/13/2023Reply to Response to Petition filed Petitioner Reply in Support of Cross-Petition for Review filed on behalf of Roel Canales.
05/31/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Pay and Save, Inc.
04/27/2023Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Pay and Save, Inc.
04/05/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Grocery Stores, et al, submitted by Donna Peavler of Peavler | Briscoe, Grapevine, Texas.
03/13/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Roel Canales.
03/06/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Texas Food and Fuel Association, submitted by Donald H. Grisson and William W. Thompson, III of Grissom & Thompson, LLP, Austin, Texas.
02/21/2023Petition for Review #2Petitioner Cross-Petition for Review filed on behalf of Roel Canales.
12/21/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Pay and Save, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2022Petition for Review  Petition for Review filed on behalf of Pay and Save, Inc.
11/29/2022Second 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 no later than December 21, 2022. Further requests for extensions of time for this filing will be disfavored.
11/29/2022Second 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 Pay and Save, Inc.
10/27/2022Call received  Call from office of Petitioner's counsel regarding address correction.
10/26/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review due November 30, 2022.
10/26/2022Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Pay and Save, Inc.
10/26/2022Supplement to Clerk's/Reporter's Record 
10/26/2022Supplement to Clerk's/Reporter's Record 
10/26/2022Court reporter/recorder's record 
10/26/2022Court reporter/recorder's record 
10/26/2022Court reporter/recorder's record 
10/26/2022Clerk's Record 
10/26/2022Supplement to Clerk's/Reporter's Record 
10/23/2024Phone call from Clerk's Office  Call made to petitioner.
10/22/2024Call received  Call received from counsel for Petitioner regarding amending bill of cost.
10/09/2023Reply Brief  Reply Brief on the Merits filed on behalf of Pay and Save, Inc.
10/09/2023Reply Brief  Cross-Reply Brief on the Merits filed on behalf of Roel Canales.
09/22/2023Brief on the Merits  Response Brief on the Merits filed on behalf of Pay and Save, Inc.
09/21/2023Electronic communication sent to Party  Email sent to Respondent's counsel to clarify that the Reply Briefs are currently due October 9, 2023.
09/21/2023Letter Filed  Letter regarding briefing schedule filed on behalf of Roel Canales.
09/13/2023Call received  Call received from counsel for Respondent regarding Brief filed.
09/12/2023Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Roel Canales.
09/11/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief on the Merits is due September 22, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due October 9, 2023.
09/11/2023Motion 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 Pay and Save, Inc.
08/23/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Pay and Save, Inc.
08/23/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Roel Canales.
07/25/2024Mandate issued  Mandate & Cost Bill Issued
07/19/2023Call received  Call received from Counsel for Petitioner.
07/17/2023Document filed (see remarks)  Document filed on behalf of Pay and Save, Inc.
07/17/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted in part. Petitioner's Brief is due August 23, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due September 12, 2023. Reply Brief is due September 27, 2023.
07/14/2023Motion 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 Roel Canales.
07/11/2023Notice received  Notice of Joinder as Amicus Curiae filed on behalf of Texas Retailers Association.
06/23/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 24, 2023; Response brief due August 14, 2023; Reply brief due August 29, 2023.
06/14/2024Court approved judgment sent to attorneys of recordIssued
06/14/2024Opinion issuedIssued Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and renders judgment in part. Per Curiam Opinion (Justice Boyd not participating)
06/14/2024Petition for Review disposedPetition granted pursuant to TRAP 59.1
06/14/2024Petition for Review granted under TRAP 59.1 
06/14/2024Opinion issuedCourt affirms in part, reverses in part and renders court of appeals' judgment Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and renders judgment in part. Per Curiam Opinion (Justice Boyd not participating)
(6/14/2024 12:14:51 PM) 220953pc.pdf, 22-0953.jmt.pdf
06/14/2024Petition for Review disposedPetition granted pursuant to TRAP 59.1
06/14/2024Petition for Review granted under TRAP 59.1 
06/13/2023Reply to Response to Petition filed   Reply in Support of Cross-Petition for Review filed on behalf of Roel Canales.
05/31/2023Response to Petition  Response to Petition for Review filed on behalf of Pay and Save, Inc.
04/27/2023Reply to Response  Reply in Support of Petition for Review filed on behalf of Pay and Save, Inc.
04/24/2023Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Response is due no later than May 31, 2023. Further requests for extensions of time for this filing will be disfavored.
04/24/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Pay and Save, Inc.
04/05/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Grocery Stores, et al, submitted by Donna Peavler of Peavler | Briscoe, Grapevine, Texas.
03/31/2023Supreme Court of Texas Requested Response  Requested response from Pay and Save, Inc. to the petition for review, filed by Roel Canales, due no later than May 1, 2023.
03/28/2023MET 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 no later than April 27, 2023. Further requests for extensions of time for this filing will be disfavored.
03/27/2023Motion 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 Pay and Save, Inc.
03/13/2023Response to Petition  Response to Petition for Review filed on behalf of Roel Canales.
03/06/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Texas Food and Fuel Association, submitted by Donald H. Grisson and William W. Thompson, III of Grissom & Thompson, LLP, Austin, Texas.
02/28/2023Case forwarded to Court 
02/21/2023Petition for Review #2  Cross-Petition for Review filed on behalf of Roel Canales.
02/10/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than March 13, 2023.
01/18/2023Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for extension of Time to file Cross Petition for Review granted. Cross Petition for Review due February 21, 2023.
01/17/2023Motion for Extension of Time to File Petition for Review #2 filed  Motion for Extension of Time to file Petition for Review filed on behalf of Roel Canales.
01/10/2023Case forwarded to Court 
01/09/2023Response Waiver filed  Response Waiver filed on behalf of Roel Canales.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/25/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
United Supermarkets, LLCAmicus CuriaeMs. Donna Peavler
Amigos, a banner of United Supermarkets, LLCAmicus CuriaeMs. Donna Peavler
Tom Thumb, a banner of Albertson'sAmicus CuriaeMs. Donna Peavler
Young Guns, LLCAmicus CuriaeMs. Donna Peavler
Albertson's Companies, Inc.Amicus CuriaeMs. Donna Peavler
Texas Retailers AssociationAmicus CuriaeMs. Donna Peavler
Pay and Save, Inc.PetitionerMr. Charles T. Frazier Jr.
Mr. Hugh N. Lyle
Ms. Angelia Burns Lee
Market Street, a banner of United Supermarkets, LLCAmicus CuriaeMs. Donna Peavler
National Grocers AssociationAmicus CuriaeMs. Donna Peavler
Porter's, a banner of Dennis Porter Inc. and JTP LLCAmicus CuriaeMs. Donna Peavler
Texas Food and Fuel AssociationAmicus CuriaeMr. Donald H. Grissom
Mr. William W. Thompson III
Canales, RoelRespondentMr. Jason DeSouza
Mr. William Chriss
Mr. Brendan K. McBride
Jonathan Frederick
Fiesta Mart, LLCAmicus CuriaeMs. Donna Peavler
Vista Supermarkets, a banner of AMO Enterprises, Inc.Amicus CuriaeMs. Donna Peavler
Randalls, a banner of Albertson'sAmicus CuriaeMs. Donna Peavler
Brookshire Grocery CompanyAmicus CuriaeMs. Donna Peavler
Court of Appeals Information:
Rev & Ren/Pt and Rem/Pt 
___ SW3d ___, 07-27-22 
4th Court of Appeals 
Honorable Patricia O'Connell Alvarez 
Trial Court Information
229th District Court 
Duval 
Honorable Baldemar Garza 
DC-16-371