Supreme Court

Case: 23-0662    
23-0662
08/18/2023
Petition for Review/Cause under Rule 53.1
RAOGER CORPORATION 
BARRIE MYERS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/13/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Griffith & hughes PLLC, submitted by Edgar M. Korzeniowski of Arlington, Texas.
01/13/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Texas Restaurant Association and Restaurant Law Center, submitted by Kendyl T. Hanks and Nicole Leonard Cordoba of Greenberg Traurig, LLP, of Austin, Texas.
12/20/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Xtreme ATV Off Road Park & Beach, LLC submitted by Spencer G. Markle of Houston, Texas.
12/16/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from Texas Civil Justice League. Submitted by George S. Christian of Austin, Texas.
09/03/2024Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Raoger Corporation.
06/17/2024Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Barrie Myers.
04/17/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Raoger Corporation.
02/02/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Raoger Corporation.
12/07/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Barrie Myers.
10/19/2023Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Texas Restaurant Association and the Restaurant Law Center submitted by Kendyl T. Hanks of Greenberg Traurig LLP of Austin, Texas.  
09/18/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Raoger Corporation.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Xtreme ATV Off Road Park & Beach, LLC submitted by Spencer G. Markle of Houston, Texas.
12/20/2023MET 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 January 22, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/20/2023Motion 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 Raoger Corporation.
12/16/2024Amicus Curiae Brief received  Amicus Brief received from Texas Civil Justice League. Submitted by George S. Christian of Austin, Texas.
12/08/2023Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review is granted. Response was timely filed December 7, 2023.
12/08/2023Electronic communication sent to Party  Email sent to counsel for Petitioner to determine stance on Motion.
12/08/2023Motion for Extension of Time to File Response  Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Barrie Myers.
12/08/2023Electronic communication sent to Party  Email sent to counsel for respondent requesting motion for extension of time to make response to petition for review timely.
12/07/2023Response to Petition  Response to Petition for Review filed on behalf of Barrie Myers.
11/16/2023Motion 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 4, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/16/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Barrie Myers.
10/20/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than November 20, 2023.
10/19/2023Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Texas Restaurant Association and the Restaurant Law Center submitted by Kendyl T. Hanks of Greenberg Traurig LLP of Austin, Texas.  
09/27/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 13, 2025.  Time allotted to argue: 20/20 minutes
09/27/2024Petition for Review disposedFiling granted
09/27/2024Petition for Review granted 
09/19/2023Case forwarded to Court 
09/18/2023Response Waiver filed  Response Waiver filed on behalf of Barrie Myers.
09/18/2023Petition for Review  Petition for Review filed on behalf of Raoger Corporation.
09/03/2024Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Raoger Corporation.
08/18/2023Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due September 18, 2023.
08/18/2023Motion 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 Raoger Corporation.
08/18/2023Clerk's Record 
08/18/2023Clerk's Record 
08/18/2023Clerk's Record 
07/24/2024Motion 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 September 3, 2024. Further requests for extensions of time for this filing will not be considered.
07/23/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Raoger Corporation.
06/26/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief is due August 1, 2024. Further requests for extensions of time for this filing will be disfavored.
06/25/2024Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Raoger Corporation.
06/20/2024Call received  Call received from counsel for respondent regarding court procedure.
06/19/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief was timely filed June 17, 2024. Reply Brief is due July 2, 2024.
06/18/2024Call received  Call received from counsel regarding motion for extension of time.
06/17/2024Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Barrie Myers.
06/17/2024Brief on the Merits  Response Brief on the Merits filed on behalf of Barrie Myers.
05/23/2025Mandate issued  Mandate & Cost Bill Issued
04/30/2024Motion 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 6, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due June 21, 2024.
04/29/2024Motion 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 Barrie Myers.
04/17/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Raoger Corporation.
04/11/2025Court approved judgment sent to attorneys of recordIssued
04/11/2025Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Boyd delivered the opinion of the Court.
(4/11/2025 1:30:07 PM) 230662.pdf, 23-0662.jmt.pdf
03/11/2024Motion 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 on April 17, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due May 7, 2024. Reply Brief is due May 22, 2024.
03/11/2024Motion 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 Raoger Corporation.
02/16/2024Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than March 18, 2024; Response brief due April 8, 2024; Reply brief due April 23, 2024.
02/12/2024Call received  Call received from counsel for Amicus Party Texas Restaurant Association and the Restaurant Law Center regarding brief.
02/02/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Raoger Corporation.
01/18/2024MET to file reply disposed ofFiling granted Second Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due February 2, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
01/18/2024Motion to Extend Time to File Reply filed  Unopposed Second Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Raoger Corporation.
01/13/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Texas Restaurant Association and Restaurant Law Center, submitted by Kendyl T. Hanks and Nicole Leonard Cordoba of Greenberg Traurig, LLP, of Austin, Texas.
01/13/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Griffith & hughes PLLC, submitted by Edgar M. Korzeniowski of Arlington, Texas.
01/13/2025Oral argument   Argued on behalf of Petitioner by Steven J. Knight; Argued on behalf of Respondent by Matthew J. Kita
01/07/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Raoger Corporation. Oral Argument will be presented by Steven J. Knight of Chamberlain Hrdlicka of Houston, Texas.
01/04/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Barrie Myers. Oral Argument will be presented by Matthew J. Kita of Dallas, Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/23/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Barrie MyersRespondentRamez F. Shamieh
Mr. Matthew J. Kita
Texas Restaurant Association and the Restaurant Law CenterAmicus CuriaeMs. Nicole Cordoba
Ms. Kendyl T. Hanks
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
Xtreme ATV Off Road Park & Beach, LLCAmicus CuriaeMr. Spencer G. Markle
Raoger CorporationPetitionerMr. Jeffry Paul O'Dea
Mr. Steven Knight
Mr. S. Todd Parks
Ms. Amy Foreman
Griffith & Hughes PLLCAmicus CuriaeEdgar Korzeniowski
Court of Appeals Information:
Reverse & Remand 
698 SW3d 906, 07-05-23 
5th Court of Appeals 
Honorable Robbie Partida-Kipness 
Trial Court Information
192nd District Court 
Dallas 
Honorable Maria Aceves 
DC-21-16136