Supreme Court

Case: 23-0568    
23-0568
07/20/2023
Petition for Review/Cause under Rule 53.1
SADOK FERCHICHI AND MARTINA CORONADO 
WHATABURGER RESTAURANTS LLC AND CRYSTAL KRUEGER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/28/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Mosaic Baybrook One, LP, et al., submitted by Dylan Russel of Sorrels Law of Houtson, Texas.
11/27/2024Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Nathan Garland, submitted by Russell S. Post and Joshua S. Smith of Beck Redden, LLP of Austin, Texas.
07/08/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Sadok Ferchichi, et al.
06/07/2024Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Whataburger Restaurants, LLC, et al.
04/26/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf Sadok Ferchichi, et al.
12/06/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Whataburger Restaurants, LLC., et al.
08/16/2023Petition for ReviewPetitioner Petition for Review filed on behalf  of Sadok Ferchichi, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/06/2023Response to Petition  Response to Petition for Review filed on behalf of Whataburger Restaurants, LLC., et al.
12/03/2024Oral argument   Argued on behalf of Petitioners by Adam Poncio; Argued on behalf of Respondent by Karen L. Landinger
11/28/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Mosaic Baybrook One, LP, et al., submitted by Dylan Russel of Sorrels Law of Houtson, Texas.
11/27/2024Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Nathan Garland, submitted by Russell S. Post and Joshua S. Smith of Beck Redden, LLP of Austin, Texas.
11/27/2024Submission Schedule 
11/18/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Whataburger Restaurants LLC, et al. Oral Argument will be presented by Karen L. Landinger of Germer PLLC of San Antonio, Texas.
11/11/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Sadok Ferchichi, et al. Oral Argument will be presented by Adam Poncio of Poncio Law Offices, P.C., of San Antonio, Texas.
10/27/2023Motion 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 December 6, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/27/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Whataburger Restaurants, LLC, et al.
10/06/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than November 6, 2023.
09/05/2023Case forwarded to Court 
08/30/2024Case set for oral argumentCase set for oral argument Consolidated for oral argument with 23-0993 This case has been set for oral argument at 9:00 a.m., December 3, 2024. Time allotted to argue: 20/20 minutes
08/30/2024Petition for Review disposedFiling granted
08/30/2024Petition for Review granted 
08/28/2023Response Waiver filed  Response Waiver filed on behalf of Whataburger Restaurants LLC, et al.
08/16/2023Petition for Review  Petition for Review filed on behalf  of Sadok Ferchichi, et al.
08/14/2023Second 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 August 16, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/14/2023Second 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 Sadok Ferchichi, et al.
07/20/2023Motion 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 August 14, 2023.
07/20/2023Motion 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 Sadok Ferchichi, et al.
07/20/2023Court reporter/recorder's record 
07/20/2023Court reporter/recorder's record 
07/20/2023Clerk's Record 
07/08/2024Reply Brief  Reply Brief on the Merits filed on behalf of Sadok Ferchichi, et al.
06/24/2024Motion 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 July 8, 2024. Further requests for extensions of time for this filing will be disfavored.  
06/24/2024Motion 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 Sadok Ferchichi, et al.
06/20/2025Mandate issued  Mandate & Cost Bill Issued
06/07/2024Brief on the Merits  Response Brief on the Merits filed on behalf of Whataburger Restaurants, LLC, et al.
05/14/2024Motion 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 June 7, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due June 24, 2024.
05/13/2024Motion 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 Whataburger Restaurants LLC, et al.
05/09/2025Court approved judgment sent to attorneys of recordIssued
05/09/2025Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Lehrmann delivered the opinion of the Court.
(5/9/2025 1:53:39 PM) 230568 and 230993.pdf, 23-0568.jmt.pdf
05/07/2024Motion for Extension of Time disposed.Filing granted Third Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits was timely filed April 26, 2024. Response Brief is due May 16, 2024. Reply Brief is due May 31, 2024.
05/06/2024Motion for Extension of Time to File Brief filed  Third Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Sadok Ferchichi, et al.
04/26/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf Sadok Ferchichi, et al.
04/17/2024Motion 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 April 24, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Respondent's Brief on the Merits is due May 14, 2024. Petitioner's Reply Brief on the Merits is due May 29, 2024.
04/17/2024Motion 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 Sadok Ferchichi, et al.
04/08/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due April 19, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due May 9, 2024. Reply Brief is due May 24, 2024.
04/08/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Sadok Ferchichi, et al.
03/08/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than April 8, 2024; Response brief due April 29, 2024; Reply brief due May 14, 2024.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/20/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Whataburger Restaurants LLCRespondentMr. Roland Gonzales
Mr. Ryan Bueche
Mr. Javier Thomas Duran
Mosaic Baybrook One LP and Mosaic Baybrook Two LPAmicus CuriaeMr. Dylan Russell
Garland, NathanAmicus CuriaeMr. Joshua S. Smith
Russell S. Post
Coronado, MartinaPetitionerJason Linnstaedter
Mr. Carlos Garcia
Mr. Adam Poncio
Mr. Jerry V. Hernandez
Krueger, CrystalRespondentMr. Roland Gonzales
Mr. Javier Thomas Duran
Ms. Karen L. Landinger
Mr. Ryan Bueche
Ferchichi, SadokPetitionerMr. Carlos Garcia
Jason Linnstaedter
Mr. Adam Poncio
Mr. Jerry V. Hernandez
Court of Appeals Information:
Rev & Ren/Pt and Rem/Pt 
698 SW3d 297, 12-28-22 
4th Court of Appeals 
Honorable Liza Ann Rodriguez 
Trial Court Information
150th District Court 
Bexar 
Honorable Cathleen M. Stryker 
2020CI15548