Supreme Court

Case: 22-1143    
22-1143
12/19/2022
Second Petition for Review/Cause under Rule 53.1
HENRY S. MILLER COMMERCIAL COMPANY 
NEWSOM, TERRY & NEWSOM, LLP AND STEVEN K. TERRY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/25/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of Billy Shepherd.
02/14/2025Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Newsom, Terry & Newsom, LLP, et al.
01/21/2024Brief on the MeritsPetitioner Reply Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.
12/27/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Newsom, Terry & Newsom, LLP, et al.
11/10/2023Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Newsom, Terry & Newsom, LLP, et al.
11/10/2023Brief on the MeritsRespondent Cross-Response Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.
08/23/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Newsom, Terry & Newsom, LLP, et al.
08/23/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.
05/16/2023Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Henry S. Miller Commercial Company.
05/02/2023Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Newsom, Terry & Newsom, LLP.
04/17/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Newsom, Terry & Newsom, LLP, et al.
04/17/2023Response to PetitionRespondent Response to Cross-Petition for Review filed  on behalf of Henry S. Miller Commercial Company.
02/07/2023Petition for Review #2Petitioner Petition for Review filed on behalf of Newsom, Terry & Newsom, LLP, et al.
02/07/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Henry S. Miller Commercial Company.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2024Court approved judgment sent to attorneys of recordIssued
12/31/2024Concurring and Dissenting Opinion deliveredIssued Justice Bland filed an opinion concurring in part and dissenting in part.
12/31/2024Concurring Opinion issued.Issued Justice Young filed a concurring opinion, in which Justice Bland joined.
12/31/2024Opinion issuedIssued Chief Justice Hecht delivered the opinion of the Court, in which Justice Boyd, Justice Devine, Justice Blacklock, Justice Busby, Justice Huddle, and Justice Young joined, and in which Justice Bland joined except as to Part III(A). (Justice Lehrmann not participating)
12/31/2024Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial court The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Chief Justice Hecht delivered the opinion of the Court, in which Justice Boyd, Justice Devine, Justice Blacklock, Justice Busby, Justice Huddle, and Justice Young joined, and in which Justice Bland joined except as to Part III(A). (Justice Lehrmann not participating)
(12/31/2024 12:03:39 PM) 221143cd.pdf, 221143c.pdf, 221143.pdf, 22-1143.jmt.pdf
12/27/2024Notice received  Notice of Withdrawal of Appellate Counsel (Gino J. Rossini) filed on behalf of Newsom, Terry & Newsom, LLP and Steven K. Terry.
12/27/2023Reply Brief  Reply Brief on the Merits filed on behalf of Newsom, Terry & Newsom, LLP, et al.
12/20/2022Motion 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 January 23, 2023.
12/20/2022Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Henry S. Miller Commercial Company.
12/20/2022Motion 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 January 23, 2023.
12/20/2022Court reporter/recorder's record 
12/20/2022Court reporter/recorder's record 
12/20/2022Clerk's Record 
12/20/2022Clerk's Record 
12/19/2022Motion 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 Newsom, Terry & Newson, LLP, et al.
12/18/2023Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due January 26, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
12/16/2023Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief filed on behalf of Henry S. Miller Commercial Company.
11/21/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Cross-Petitioner's Reply Brief on the Merits is granted. Reply Brief is due December 27, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/21/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Cross-Petitioner's Reply Brief on the Merits filed on behalf of Newsom, Terry & Newsom, LLP, et al.
11/17/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due no later than December 27, 2023.
11/16/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.
11/10/2023Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Newsom, Terry & Newsom, LLP, et al.
11/10/2023Brief on the Merits  Cross-Response Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.
10/30/2023Motion for Extension of Time disposed.Filing granted Treating the parties’ respective unopposed motions for a third extension of time as a joint motion to modify their respective second motions for an extension of time to file response briefs on the merits, the motion to modify is granted. The motion for extension of time as modified is granted. The parties' response briefs must be filed in this Court by November 10, 2023. Reply briefs are due November 27, 2023. No further motions to extend the time for the filing of this brief will be considered.  
10/27/2023Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Cross-Response Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.
10/25/2023Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Newsom, Terry & Newsom, LLP, et al.
10/04/2023Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief on the Merits is due November 3, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due November 20, 2023.
10/04/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Newsom, Terry & Newsom, LLP and Steven K. Terry.
10/03/2024Oral argument   Argued on behalf of Petitioner/Cross-Respondent by P. Michael Jung; Argued on behalf of Respondents/Cross-Petitioner by Thomas C. Wright
10/03/2024Oral argument   Argued on behalf of Petitioner/Cross-Respondent by P. Michael Jung; Argued on behalf of Respondents/Cross-Petitioner by Thomas C. Wright
10/03/2023Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Cross-Respondent's Response Brief on the Merits is granted. Cross-Respondent's Response Brief is due November 3, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due November 20, 2023.
10/02/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Cross-Respondent's Response Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.
09/20/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Newsom, Terry & Newsom, LLP, et al. Oral Argument will be presented by Mr. Thomas C. Wright of Wright Close & Barger, LLP, of Houston, Texas.
08/29/2023Motion 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 October 12, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due October 27, 2023.
08/29/2023Motion 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 Newsom, Terry, & Newsom, LLP, et al.
08/24/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Cross-Response Briefs on the Merits is granted. Respondents' Briefs are due October 12, 2023. Reply Briefs are due October 27, 2023. Further requests for extensions of time for this filing will be disfavored.
08/24/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Cross-Response Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.  
08/23/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Newsom, Terry & Newsom, LLP, et al.
08/23/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.
07/19/2023Motion 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 August 23, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief is due September 12, 2023. Petitioner's Reply Brief is due September 27, 2023.
07/19/2023Motion 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 Henry S. Miller Commercial Company.
07/19/2023Motion 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 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.
07/19/2023Motion 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 Newsom, Terry & Newsom, LLP, et al.
07/11/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Henry S. Miller Commercial Company. Oral Argument will be presented by Mr. P. Michael Jung of Clark Hill PLC of Dallas, Texas.
06/28/2024Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 3, 2024. Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
06/28/2024Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 3, 2024. Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
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.
05/16/2023Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Henry S. Miller Commercial Company.
05/02/2023Reply to Response  Reply in Support of Petition for Review filed on behalf of Newsom, Terry & Newsom, LLP.
04/24/2023Call received  Call received from counsel for Respondent regarding case styling.
04/21/2023MET 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 May 23, 2023. Further requests for extensions of time for this filing will not be considered.
04/21/2023Motion 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 the Henry S. Miller Commercial Company.
04/17/2023Response to Petition  Response to Petition for Review filed on behalf of Newsom, Terry & Newsom, LLP, et al.
04/17/2023Response to Petition  Response to Cross-Petition for Review filed  on behalf of Henry S. Miller Commercial Company.
04/16/2025Mandate issued  Mandate & Cost Bill Issued
04/04/2025Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Lehrmann not participating)
03/25/2025Amicus Curiae Letter Received  Amicus Letter received on behalf of Billy Shepherd.
03/17/2023Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than April 17, 2023.
03/15/2024Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Justice Lehrmann not participating)
03/15/2024Petition for Review granted 
03/15/2024Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.  (Justice Lehrmann not participating)
03/15/2024Petition for Review granted 
02/18/2025Response Waiver filed  Response Waiver filed on behalf of Henry S. Miller Commercial Company.
02/18/2025Case forwarded to Court 
02/14/2025Motion for Rehearing  Motion for Rehearing filed on behalf of Newsom, Terry & Newsom, LLP, et al.
02/14/2023Case forwarded to Court 
02/14/2023Case forwarded to Court 
02/08/2023Response Waiver filed  Response Waiver filed on behalf of Newsom, Terry & Newsom, LLP, et al.
02/08/2023Response Waiver filed  Response Waiver filed on behalf of Henry S. Miller Commercial Company.
02/07/2023Petition for Review #2  Petition for Review filed on behalf of Newsom, Terry & Newsom, LLP, et al.
02/07/2023Petition for Review  Petition for Review filed on behalf of Henry S. Miller Commercial Company.
01/21/2024Brief on the Merits  Reply Brief on the Merits filed on behalf of Henry S. Miller Commercial Company.
01/18/2023Second 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 February 7, 2023. Further requests for extensions of time for this filing will be disfavored.
01/18/2023Second 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 Henry S. Miller Commercial Company.
01/17/2024Letter Filed  Letter filed on behalf of Newsom, Terry & Newsom, LLP, et al.
01/17/2023Second Motion 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 February 7, 2023. Further requests for extensions of time for this filing will be disfavored.
01/17/2023Second 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 Newsom, Terry & Newsom, LLP, et al.
01/14/2025Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Joint Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due February 14, 2025. Further requests for extensions of time for this filing will be disfavored.
01/13/2025Motion for Extension of Time to File Motion for Rehearing  Joint Motion for Extension of Time to file Motion for Rehearing filed on behalf of Henry S. Miller Commercial Company, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/16/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Shepherd, BillyAmicus CuriaeMr. Billy Shepherd
Henry S. Miller Commercial CompanyPetitionerMr. Bart Higgins
Mr. James Shields
Mr. P. Michael Jung
Mr. David A. Shields
Newsom, Terry & Newsom, LLP and Steven K. TerryRespondentMs. Kelley Clark Morris
Mr. Thomas Horan II
Justice Gino John Rossini
Ms. Wanda McKee Fowler
Mr. Shawn W. Phelan
Ms. Shelby G. Hall
Mr. Wade Crosnoe
Ms. Rachel H. Stinson
Mr. Thomas C. Wright
Court of Appeals Information:
Reverse & Remand 
684 SW3d 502, 08-31-22 
5th Court of Appeals 
Honorable Amanda Reichek 
Trial Court Information
134th District Court 
Dallas 
Honorable Dale B. Tillery 
DC-09-01306-G