Supreme Court

Case: 23-0078    
23-0078
02/02/2023
Petition for Review/Cause under Rule 53.1
HARLEY CHANNELVIEW PROPERTIES, LLC 
HARLEY MARINE GULF, LLC  
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/16/2024Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Harley Marine Gulf, LLC.
01/12/2024Post submission brief filedPetitioner Post Submission Letter filed on behalf of Harley Channelview Properties, LLC.
01/10/2024Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Harley Channelview Properties, LLC.
01/05/2024Response to Amicus Curiae Brief filedPetitioner Response to Amicus Curiae Brief filed on behalf of Harley Channelview Properties, LLC.
01/04/2024Brief on the MeritsRespondent Supplemental Brief in response to the Amicus Curiae Brief of The State of Texas filed on behalf of Harley Marine Gulf, LLC.
11/16/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the State of Texas, submitted by Michael R. Abrams of the Office of the Solicitor General, Austin, Texas.
08/28/2023Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Harley Channelview Properties, LLC.
08/14/2023Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Harley Marine Gulf, LLC.
07/17/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Harley Channelview Properties, LLC.
03/29/2023Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Harley Channelview Properties, LLC.
03/14/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Harley Marine Gulf, LLC.
02/16/2023Surreply filedRespondent Sur-Reply in Opposition to Motion to Stay filed on behalf of Harley Marine Guld, LLC.
02/13/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Harley Channelview Properties, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2023Oral Argument Submission Form from Attorney received  Petitioner's Oral Argument Submission Form filed on behalf of Harley Channelview Properties, LLC. Oral Argument will be presented by David M. Gunn and Joshua S. Smith of Beck Redden LLP, of Houston, Texas.
12/27/2023Call received  Call from counsel regarding additional counsel for amicus party at table for oral argument.
12/20/2023Oral Argument Submission Form from Attorney received  Respondent's Oral Argument Submission Form filed on behalf of Harley Marine Gulf, LLC. Oral Argument will be presented by Kevin H. Marino of Marino, Tortorella, & Boyle, PLLC, of Chatham, New Jersey.
12/15/2023Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Kevin H. Marino's Admission Pro Hac Vice is granted.
12/15/2023Pro hac vice motion filed  Unopposed Motion of Resident Attorney Brandon Duke in Support of Kevin H. Marino's Admission Pro Hac Vice is filed on behalf of Harley Marine Gulf, LLC.
12/15/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Kevin H. Marino is granted.
12/15/2023Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Kevin H. Marino filed on behalf of Harley Marine Gulf, LLC.
12/08/2023Motion to Argue disposedFiling granted Motion of Amicus Curiae The State of Texas to Participate in Oral Argument granted.  Time allotted to argue: 15/20/5 minutes
12/01/2023Motion to Argue filed  Unopposed Motion to Argue filed on behalf of State of Texas.
11/16/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the State of Texas, submitted by Michael R. Abrams of the Office of the Solicitor General, Austin, Texas.
09/29/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 11, 2024. Time allotted to argue: 20/20 minutes
09/29/2023Petition for Review disposedFiling granted
09/29/2023Petition for Review granted 
08/28/2023Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Harley Channelview Properties, LLC.
08/14/2023Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Harley Marine Gulf, LLC.
08/07/2023Call received  Call received from respondent regarding status of motion for extension of time to file respondent's brief on the merits.
08/07/2023Motion 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 on the Merits is due August 14, 2023. Petitioner's Reply Brief on the Merits is due August 29, 2023. Further requests for extensions of time for this filing will be disfavored.
08/06/2023Motion 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 Harley Marine Gulf, LLC.
07/17/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Harley Channelview Properties, LLC.
06/30/2023Motion to Stay DisposedDenied The petition for review remains pending before this Court.
06/21/2024Mandate issued  Mandate & Cost Bill Issued
06/16/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 17, 2023; Response brief due August 7, 2023; Reply brief due August 22, 2023.
06/13/2023Reply to Response to Motion  Reply in Support of Motion for Temporary Relief filed on behalf of Harley Marine Gulf, LLC.
06/09/2023Response to Motion filed  Response to Motion for Temporary Relief filed on behalf of Harley Channelview Properties, LLC.
06/06/2023Supreme Court of Texas Requested Response  Requested response to Respondent's Motion for Temporary Relief due no later than 4:30 p.m., Friday, June 9, 2023.
06/05/2023Motion to Stay Filed   Respondent's Motion for Temporary Relief filed on behalf of Harley Marine Gulf, LLC.
05/10/2024Court approved judgment sent to attorneys of recordIssued
05/10/2024Stay Order lifted  Stay order issued February 17, 2023 is lifted.
05/10/2024Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Bland delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Blacklock, Justice Busby, Justice Huddle, and Justice Young joined. Justice Boyd concurred in the judgment.
(5/10/2024 3:17:57 PM) 230078.pdf, 23-0078.jmt.pdf
03/29/2023Reply to Response  Reply in Support of Petition for Review filed on behalf of Harley Channelview Properties, LLC.
03/21/2023Case forwarded to Court 
03/14/2023Response to Petition  Response to Petition for Review filed on behalf of Harley Marine Gulf, LLC.
02/17/2023Call received  Call received from counsel regarding notices.
02/17/2023Stay Order issued 
02/17/2023Motion to Stay DisposedFiling granted Petitioner's Emergency Motion for Stay of Enforcement Proceedings granted
02/16/2023Surreply filed  Sur-Reply in Opposition to Motion to Stay filed on behalf of Harley Marine Guld, LLC.
02/16/2023Call received  Call received from counsel for Petitioner regarding Reply in Support of Emergency Motion to Stay Enforcement Proceedings.
02/16/2023Reply to Response to Motion  Reply in Support of Emergency Motion for Stay of Enforcement filed on behalf of Harley Channelview Properties, LLC.
02/16/2023Call received  Call received from counsel for Petitioner informing us they just now filed a Reply in Support of Motion to Stay that will be on E-file shortly.
02/15/2023Response to Motion filed  Response in Opposition to Emergency Motion for Stay of Enforcement filed on behalf of Harley Marine Gulf, LLC.
02/14/2023Phone call from Clerk's Office  Call made to counsel for Respondent regarding requested response.
02/14/2023Supreme Court of Texas Requested Response  Response to Petitioner's Emergency Motion for Stay of Enforcement Proceedings requested. Response is due no later than Wednesday, February 15, 2023 by 5pm.
02/13/2023Call received  Call received from counsel for Respondent regarding Motion filed.
02/13/2023Motion to Stay Filed   Petitioner's Emergency Motion for Stay of Enforcement Proceedings filed on behalf of Harley Channelview Properties, LLC.
02/13/2023Petition for Review  Petition for Review filed on behalf of Harley Channelview Properties, LLC.
02/13/2023Call received  Call received from counsel for Petitioner regarding incoming Motion.
02/02/2023Motion 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 no later than March 6, 2023.
02/02/2023Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Harley Channelview Properties, LLC.
02/02/2023Court reporter/recorder's record 
02/02/2023Court reporter/recorder's record 
02/02/2023Supplement to Clerk's/Reporter's Record 
02/02/2023Court reporter/recorder's record 
02/02/2023Clerk's Record 
02/02/2023Supplement to Clerk's/Reporter's Record 
01/16/2024Post submission brief filed  Post-Submission Letter Brief filed on behalf of Harley Marine Gulf, LLC.
01/12/2024Post submission brief filed  Post Submission Letter filed on behalf of Harley Channelview Properties, LLC.
01/11/2024Oral argument   Argued on behalf of Petitioner by David M. Gunn and Joshua S. Smith; Argued on behalf of Respondent by Kevin H. Marino; Argued on behalf of Amicus Curiae, State of Texas, by Michael R. Abrams
01/10/2024Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Harley Channelview Properties, LLC.
01/05/2024Response to Amicus Curiae Brief filed  Response to Amicus Curiae Brief filed on behalf of Harley Channelview Properties, LLC.
01/04/2024Brief on the Merits  Supplemental Brief in response to the Amicus Curiae Brief of The State of Texas filed on behalf of Harley Marine Gulf, LLC.
01/04/2024Oral Argument Submission Form from Attorney received  Amicus Curiae's Oral Argument Submission From filed on behalf of the State of Texas. Oral Argument will be presented by Michael R. Abrams of the Office of the Attorney General of Texas, Austin, Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/21/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
State of TexasAmicus CuriaeMr. W. Kenneth Paxton
Ms. Lanora C. Pettit
Mr. Brent Webster
Mr. Michael Abrams
Harley Channelview Properties, LLCPetitionerMr. David Gunn
Mr. Joshua S. Smith
Mr. Scot Clinton
Mr. Brandon Duke
Mr. John S. Adcock
Mr. Brian Kilpatrick
Harley Marine Gulf, LLCRespondentMr. Walter Berger
Mr. Brandon Duke
Kevin H. Marino
Mr. Kyle Terao
Ms. Natalie L Arbaugh
Court of Appeals Information:
Dismiss LOJ 
683 SW3d 429, 12-20-22 
1st Court of Appeals 
Honorable Per Curiam 
Trial Court Information
80th District Court 
Harris 
Honorable Jeralynn Manor 
2020-67063