Supreme Court

Case: 23-0045    
23-0045
01/18/2023
Third Petition for Review/Cause under Rule 53.1
MICHAEL A. POHL, ET AL. 
MARK KENTRELL CHEATHAM, SR., ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/26/2025Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Kentrell Cheatham, Sr., et al.
05/11/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Post-Opinion Amicus Curiae Letter Brief received on behalf of Wolfgang P. Hirczy de Mino, PhD, of Bellaire, Texas.
10/07/2024Post submission brief filedRespondent Post Submission letter filed on behalf of Mark Kentrell Cheatham, Sr., et al.
09/30/2024Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
09/27/2024Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Michael A. Pohl, et al.
04/05/2024Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Donalda Pohl.
04/05/2024Reply BriefPetitioner Petitioners' Reply Brief on the Merits filed on behalf of Michael A. Pohl, et al.
04/05/2024Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of The Ammons Law Firm, LLP, et al.
02/20/2024Brief on the MeritsRespondent Response to Ammons Petitioners' Brief on the Merits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
02/20/2024Brief on the MeritsRespondent Response to Donalda Pohl's Brief on the Merits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
02/20/2024Brief on the MeritsRespondent Response to Pohl Petitioners' Brief on the Merits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
12/01/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Donalda Pohl.
12/01/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Michael A. Pohl, et al.
12/01/2023Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of The Ammons Law Firm, et al.
07/05/2023Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Donalda Pohl.
07/05/2023Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of The Ammons Law Firm.
06/30/2023Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Michael A. Pohl, et al.
05/19/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Mark Kentrell Cheatham, Sr., et al.
05/19/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Mark Kentrell Cheatham, Sr., et al.
05/19/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Mark Kentrell Cheatham, Sr., et al.
03/08/2023Petition for Review #3Petitioner Petition for Review filed on behalf of The Ammons Law Firm, LLP, et al.
01/20/2023Petition for Review #2Petitioner Petition for Review filed on behalf of Donalda Pohl, et al.
01/19/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Michael A. Pohl.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/19/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due January 19, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due February 5, 2024.
12/19/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to Response Brief on the Merits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
12/01/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Michael A. Pohl, et al.
12/01/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Donalda Pohl.
12/01/2023Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of The Ammons Law Firm, et al.
10/31/2023Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due December 1, 2023. Further requests for extensions of time for this filing will be disfavored. Response Brief is due December 21, 2023. Reply Brief is due January 5, 2023.
10/30/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Donalda Pohl, et al.
10/30/2023Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due no later than December 1, 2023. Respondent's Brief on the Merits is due December 21, 2023. Petitioner's Reply Brief is due January 5, 2023. Further requests for extensions of time for this filing will not be considered.
10/30/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Michael A. Pohl, et al.
10/27/2023Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due December 1, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due December 21, 2023. Reply Brief is due January 5, 2023.  
10/27/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of The Ammons Law Firm.
10/07/2024Post submission brief filed  Post Submission letter filed on behalf of Mark Kentrell Cheatham, Sr., et al.
10/02/2024Oral argument   Argued on behalf of Petitioner, Michael A. Pohl, et al., by Parth S. Gejji; Argued on behalf of Petitioner, Robert E. Ammons, et al., by Thomas R. Phillips; Argued on behalf of Respondents by David Eric Kassab
10/02/2024Oral argument   Argued on behalf of Petitioner, Michael A. Pohl, et al., by Parth S. Gejji; Argued on behalf of Petitioner, Robert E. Ammons, et al., by Thomas R. Phillips; Argued on behalf of Respondents by David Eric Kassab
10/02/2024Oral argument   Argued on behalf of Petitioner, Michael A. Pohl, et al., by Parth S. Gejji; Argued on behalf of Petitioner, Robert E. Ammons, et al., by Thomas R. Phillips; Argued on behalf of Respondents by David Eric Kassab
09/30/2024Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
09/30/2024Letter Filed  Letter of Supplemental Authorities filed on behalf of Mark Kentrell Cheatham, Sr., et al.
09/27/2024Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Michael A. Pohl, et al.
09/27/2024Letter sent to parties from Supreme Court - See Remarks  Letter stating: "Please be advised that oral arguments set for Wednesday, October 2, 2024 will begin at 10:00 a.m. instead of 9:00 a.m. per the Court’s previous notice.  Cases will be called in the order they are listed on the submission schedules, which are posted on the Court’s website on Friday the week before the arguments. Each argument usually lasts about forty minutes, with a ten-minute break between each argument. You should be present in the courtroom at least ten minutes prior to your oral argument."
09/26/2023Motion 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 November 1, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due November 21, 2023. Reply brief is due December 6, 2023.
09/25/2023Motion 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 Donalda Pohl, et al.
09/20/2023Motion 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 November 1, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due November 21, 2023. Reply brief is due December 6, 2023.
09/20/2023Motion 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 Michael A. Pohl, et al.
09/18/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of The Ammons Law Firm LLP, et al. Oral Argument will be presented by Thomas R. Phillips of Baker Botts LLP of Austin, Texas.
09/17/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Mark Kentrell Cheatham, Sr., et al. Oral Argument will be presented by David Eric Kassab of The Kassab Law Firm, Houston, Texas.
09/17/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Michael A. Pohl, et al. Oral Argument will be presented by Parth S. Geiji of Beck Redden LLP of Houston, Texas.
09/15/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits granted. Petitioners' Brief is due November 1, 2023. Respondent's Brief is due November 21, 2023. Reply Brief is due December 6, 2023. Further requests for extensions of time for this filing will be disfavored.

09/15/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of The Ammons Law Firm, et al.
09/05/2025Mandate issued  Mandate & Cost Bill Issued
09/05/2025Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Devine not participating)
09/01/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due October 2, 2023; Response brief due October 23, 2023; Reply brief due November 7, 2023.
07/05/2023Reply to Response  Reply to Response to Petition for Review filed on behalf of Donalda Pohl.
07/05/2023Reply to Response  Reply to Response to Petition for Review filed on behalf of The Ammons Law Firm.
06/30/2023Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Michael A. Pohl, et al.
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 2, 2024. Time allotted to argue: 20/20 minutes (Justice Devine 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 2, 2024. Time allotted to argue: 20/20 minutes (Justice Devine 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 2, 2024. Time allotted to argue: 20/20 minutes (Justice Devine not participating)
06/26/2025Case forwarded to Court 
06/26/2025Motion for Rehearing  Motion for Rehearing filed on behalf of Kentrell Cheatham, Sr., et al.
06/11/2025Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due June 26, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/06/2025Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Mark Kentrell Cheatham, Sr., et al.
06/01/2023MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in support of Petition for Review is granted. Reply is due July 5, 2023. Further requests for extensions of time will be disfavored.
06/01/2023Motion 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 Ammons Law Firm, et al.
06/01/2023MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in support of Petition for Review is granted. Reply is due July 5, 2023. Further requests for extensions of time will be disfavored.
05/31/2024Petition for Review granted 
05/31/2024Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
05/31/2024Petition for Review granted 
05/31/2024Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
05/31/2024Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
05/31/2024Petition for Review granted 
05/31/2023Motion 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 Donalda Pohl, et al.
05/25/2023MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review granted. Further requests for extensions of time will be disfavored. Reply is due no later than July 5, 2023.
05/25/2023Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Michael A. Pohl, et al.
05/23/2023Letter Received  Letter filed on behalf of Ammons Petitioners, et al.
05/19/2023Response to Petition  Response to Petition for Review filed on behalf of Mark Kentrell Cheatham, Sr., et al.
05/19/2023Response to Petition  Response to Petition for Review filed on behalf of Mark Kentrell Cheatham, Sr., et al.
05/19/2023Response to Petition  Response to Petition for Review filed on behalf of Mark Kentrell Cheatham, Sr., et al.
05/12/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due no later than June 14, 2023. Further requests for extensions of time for this filing will be disfavored.
05/12/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Responses to Petitions for Review filed on behalf of Mark Kentrell Cheatham, Sr., et al.
05/11/2025Amicus Curiae Letter Received  Post-Opinion Amicus Curiae Letter Brief received on behalf of Wolfgang P. Hirczy de Mino, PhD, of Bellaire, Texas.
05/09/2025Court approved judgment sent to attorneys of recordIssued
05/09/2025Opinion issuedIssued
05/09/2025Opinion issuedIssued
05/09/2025Dissenting opinion issued.Issued Justice Busby filed a dissenting opinion, in which Justice Lehrmann and Justice Boyd joined.
05/09/2025Opinion 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. Justice Huddle delivered the opinion of the Court, in which Chief Justice Blacklock, Justice Bland, Justice Young, and Justice Sullivan joined. (Justice Devine not participating)
(5/9/2025 1:31:28 PM) 230045d.pdf, 230045.pdf, 23-0045.jmt.pdf
05/02/2025Notice from Counsel of a change in address  Notice from Counsel of a Change in Firm filed on behalf of Michael A. Pohl, et al.
04/14/2023Supreme Court of Texas Requested Response  Requested responses to the petitions for review due no later than May 15, 2023.
04/05/2024Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Donalda Pohl.
04/05/2024Reply Brief  Petitioners' Reply Brief on the Merits filed on behalf of Michael A. Pohl, et al.
04/05/2024Reply Brief  Reply Brief on the Merits filed on behalf of The Ammons Law Firm, LLP, et al.
03/14/2023Case forwarded to Court 
03/14/2023Case forwarded to Court 
03/14/2023Case forwarded to Court 
03/13/2023Response Waiver filed  Response Waiver filed on behalf of Mark Cheatham, Sr., et al.
03/08/2023Petition for Review #3  Petition for Review filed on behalf of The Ammons Law Firm, LLP, et al.
03/05/2024Motion 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 April 5, 2024.
03/04/2024Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Donalda Pohl.
03/01/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief is due April 5, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/01/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of The Ammons Law Firm, et al.
02/29/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief is due April 5, 2024. Further requests for extensions of time for this filing will be disfavored.  
02/29/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Michael A. Pohl, et al.
02/20/2024Brief on the Merits  Response to Ammons Petitioners' Brief on the Merits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
02/20/2024Brief on the Merits  Response to Donalda Pohl's Brief on the Merits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
02/20/2024Brief on the Merits  Response to Pohl Petitioners' Brief on the Merits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
02/17/2023Second Motion for Extension of Time to File Petition for Review disposedFiling granted Opposed Second Motion for Extension of Time to file Petition for Review is granted. Petition is due March 8, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/17/2023Response to Motion for Extension of Time to File Petition for Review  Response to Second Motion for Extension of Time to file Petition for Review filed on behalf of Mark Cheatham, Sr., et al.
02/17/2023Second Motion for Extension of Time to File Petition for Review filed  Opposed Second Motion for Extension of Time to file Petition for Review filed on behalf of The Ammons Law Firm, et al.
01/25/2023Response Waiver filed  Response Waiver filed on behalf of Mark Cheatham, Sr., et al.
01/20/2023Petition for Review #2  Petition for Review filed on behalf of Donalda Pohl, et al.
01/19/2023Petition for Review  Petition for Review filed on behalf of Michael A. Pohl.
01/18/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due February 20, 2024. Petitioner's Reply Brief on the Merits is due March 6, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
01/18/2023Motion 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 21, 2023.
01/18/2023Motion 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 The Ammons Law Firm, et al.
01/18/2023Supplement to Clerk's/Reporter's Record 
01/18/2023Court reporter/recorder's record 
01/18/2023Clerk's Record 
01/18/2023Supplement to Clerk's/Reporter's Record 
01/18/2023Supplement to Clerk's/Reporter's Record 
01/17/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Mark Kentrell Cheatham, Sr., et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/05/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
The Ammons Law Firm and Robert AmmonsPetitionerMs. Kelsi S. White
Cordt Akers
Mr. Daryl L. Moore
Mr. Bradley Bowen
Mr. Brock C. Akers
Mr. Thomas Phillips
Hirczy De Mino, PhD, Wolfgang P.Amicus CuriaeMr. Wolfgang P. Hirczy De Mino PhD
Michael A. Pohl, et al.PetitionerMr. Brock C. Akers
Mr. Stephen R. Bailey
Cordt Akers
Mr. Daryl L. Moore
Mr. Parth S. Gejji
Ms. Kelsi S. White
Ms. Allison Miller
Mr. Billy Shepherd
Donalda Pohl, Helping Hands Financing, LLC, Edgar Jaimes PetitionerMr. Mark Wesley Collmer
Mr. Conrad B. Guthrie
Mark Kentrell Cheatham, Sr., Luella Miller, Mark Cheatham, Jr. and Intervenor Lacy Reese RespondentNicholas Pierce
Mr. David Eric Kassab  
Mr. Lance Christopher Kassab
Mr. Kevin H. Dubose
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
690 SW3d 322, 08-30-22 
1st Court of Appeals 
Honorable Sarah Landau 
Trial Court Information
55th District Court 
Harris 
Honorable Jeffrey A. Shadwick 
2017-41110