Supreme Court

Case: 23-0704    
23-0704
08/30/2023
Second Petition for Review/Cause under Rule 53.1
CHAD SEWARD, HOME DEPOT U.S.A., INC., AND POINT 2 POINT GLOBAL SECURITY, INC. 
ROGELIO SANTANDER SR. AND JULIA GARCIA, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF ROGELIO SANTANDER JR., AND CRYSTAL ALMEIDA 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/20/2024Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Chad Seward, et al.
12/17/2024Post submission brief filedRespondent Post Submission Letter filed on behalf of Rogelio Santander, Sr., et al.
09/24/2024Reply to Amicus Curiae BriefAmicus Curiae Response to Respondent's Objection to Amicus Curiae Brief filed on behalf of Retail Litigation Center, Inc., et al.
08/12/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Chad Seward, et al.
07/26/2024Reply BriefEvent related to first petition filed in case. Reply Brief on the Merits filed on behalf of Home Depot, U.S.A., Inc.
07/02/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Retail Litigation Center, Inc., Retail Industry Leaders Association, and Texas Retailers Association submitted by Randall W. Miller and Emily C. Means of Munsch Hardt Kopf & Harr, P.C. of Dallas, Texas.
06/27/2024Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Rogelio Santander Sr., et al.
06/27/2024Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Rogelio Santander Sr., et al.
05/08/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Point 2 Point Global Security, Inc., et al.
04/26/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Home Depot U.S.A.
02/16/2024Amended Reply FiledPetitioner Amended Reply to Response to Petition for Review filed on behalf of Home Depot U.S.A., Inc.
02/16/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Chad Seward, et al.
02/16/2024Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Home Depot U.S.A., Inc.
01/26/2024Amended Petition for Review filedPetitioner Amended Petition for Review filed on behalf of Home Depot U.S.A., Inc., et al.
01/17/2024Response to PetitionRespondent Response to Home Depot's Petition for Review filed on behalf of Rogelio Santander, Sr., et al.
01/17/2024Response to PetitionRespondent Response to Chad Seward and Point 2 Point Global Security, Inc.'s Petition for Review filed on behalf of Rogelio Santander, Sr., et al.
10/13/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Retail Litigation Center, Inc., Retail Industry Leaders Association, And Texas Retailers Association submitted by Randall W. Miller and Isabelle L. Hutchinson of Munsch Hardt Kopf & Harr, P.C. of Dallas, Texas.
10/02/2023Petition for Review #2Petitioner Petition for Review filed on behalf of Chad Seward and Point 2 Point Global Security, Inc.
10/02/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Home Depot U.S.A., Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2024Post submission brief filed  Post-Submission Letter Brief filed on behalf of Chad Seward, et al.
12/17/2024Post submission brief filed  Post Submission Letter filed on behalf of Rogelio Santander, Sr., et al.
12/05/2024Oral argument   Argued on behalf of Petitioner, Home Depot U.S.A., Inc., by Arthur K. Smith; Argued on behalf of Petitioners, Chad Seward and Point 2 Point Global Security, Inc., by David M. Walsh IV; Argued on behalf of Respondents by Niles S. Illich
12/05/2024Oral argument   Argued on behalf of Petitioner, Home Depot U.S.A., Inc., by Arthur K. Smith; Argued on behalf of Petitioners, Chad Seward and Point 2 Point Global Security, Inc., by David M. Walsh IV; Argued on behalf of Respondents by Niles S. Illich
11/30/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Responses to Petitions for Review is granted in part. Responses are due January 17, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/30/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Responses to Petitions for Review filed on behalf of Rogelio Santander Sr., et al.
11/27/2024Submission Schedule 
11/25/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Rogelio Santander, Sr., et al. Oral Argument will be presented by Niles S. Illich of Palmer Perlstein of Dallas, Texas.
11/25/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Home Depot U.S.A., Inc, et al. Oral Argument will be presented by Arthur K. Smith of Prosper, Texas.
11/25/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Chad Seward, et al. Oral Argument will be presented by David M. Walsh IV of Kershaw Anderson King, PLLC of Dallas, Texas.  
11/17/2023Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than December 18, 2023.
10/17/2023Case forwarded to Court 
10/17/2023Case forwarded to Court 
10/16/2023Response Waiver filed  Response Waiver filed on behalf of Rogelio Santander Sr., et al.
10/13/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Retail Litigation Center, Inc., Retail Industry Leaders Association, And Texas Retailers Association submitted by Randall W. Miller and Isabelle L. Hutchinson of Munsch Hardt Kopf & Harr, P.C. of Dallas, Texas.
10/02/2023Petition for Review #2  Petition for Review filed on behalf of Chad Seward and Point 2 Point Global Security, Inc.
10/02/2023Petition for Review  Petition for Review filed on behalf of Home Depot U.S.A., Inc.
09/27/2024Miscellaneous motion disposed. See Remarks.Denied Objection to Brief of Amici Curiae, being treated as Motion to Reject Amici Curiae Brief, denied
09/27/2024Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Motion for Leave to File Response to Objection to Respondents' Objection to Brief dismissed as moot
09/27/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 5, 2024. Time allotted to argue: 20/20 minutes
09/27/2024Petition for Review disposedFiling granted
09/27/2024Petition for Review granted 
09/27/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 5, 2024. Time allotted to argue: 20/20 minutes
09/27/2024Petition for Review disposedFiling granted
09/27/2024Petition for Review granted 
09/25/2023Motion to Exceed Word Limit disposedDenied Petitioner's Motion for Leave to Exceed Word Limit denied
09/24/2024Reply to Amicus Curiae Brief  Response to Respondent's Objection to Amicus Curiae Brief filed on behalf of Retail Litigation Center, Inc., et al.
09/24/2024Miscellaneous Motion  Motion for Leave to file Response to Repondent's Objection to Amicus Curiae Brief filed on behalf of Retail Litigation Center, Inc., Retail Industry Leaders Association, and Texas Retailers Association.
09/20/2023Response to Motion filed  Response to Motion to Exceed Word Limit filed on behalf of Rogelio Santander Sr., et al.
09/20/2023Phone call from Clerk's Office  Call made to counsel for Petitioner regarding Motion filed.
09/20/2023Electronic communication sent to Party  Email sent to counsel for Respondent regarding motion filed.
09/20/2023Motion to Exceed Word Limit  Opposed Motion to Exceed Word Limit filed on behalf of Home Depot U.S.A., Inc.
09/09/2024Miscellaneous Motion  Objection to Brief of Amici Curiae, being treated as motion to reject amicus brief, filed on behalf of Rogelio Santander Sr., et al.
08/30/2023Motion 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 October 2, 2023.
08/30/2023Motion for Extension of Time to File Petition for Review filed  Unopposed Joint Motion for Extension of Time to file Petition for Review filed on behalf of Chad Seward, et al.
08/30/2023Clerk's Record 
08/30/2023Clerk's Record 
08/30/2023Clerk's Record 
08/30/2023Court reporter/recorder's record 
08/12/2024Reply Brief  Reply Brief on the Merits filed on behalf of Chad Seward, et al.
07/26/2024Reply Brief  Reply Brief on the Merits filed on behalf of Home Depot, U.S.A., Inc.
07/03/2024Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due August 12, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/03/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Chad Seward, et al.
07/02/2024Amicus Curiae Brief received  Amicus Brief received on behalf of Retail Litigation Center, Inc., Retail Industry Leaders Association, and Texas Retailers Association submitted by Randall W. Miller and Emily C. Means of Munsch Hardt Kopf & Harr, P.C. of Dallas, Texas.
06/27/2024Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Rogelio Santander Sr., et al.
06/27/2024Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Rogelio Santander Sr., et al.
06/20/2025Mandate issued  Mandate & Cost Bill Issued
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 27, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED; Reply Brief is due July 12, 2024.
05/13/2024Electronic communication sent to Party  Email sent to counsel for Petitioner regarding Motion filed.
05/13/2024Motion 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 Rogelio Santander Sr., et al.
05/09/2025Court approved judgment sent to attorneys of recordIssued
05/09/2025Concurring Opinion issued.Issued Justice Busby filed a concurring opinion, in which Justice Lehrmann joined.
05/09/2025Opinion issuedIssued
05/09/2025Opinion 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 Devine delivered the opinion of the Court.
(5/9/2025 2:04:16 PM) 230704.pdf, 230704c.pdf, 23-0704.jmt.pdf
05/08/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Point 2 Point Global Security, Inc., et al.
04/26/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Home Depot U.S.A.
03/26/2024Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due May 8, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due May 28, 2024. Reply Brief is due June 12, 2024.
03/26/2024Motion for Extension of Time to File Brief filed  Unopposed Joint Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Home Depot U.S.A., Inc., 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.
02/16/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Chad Seward, et al.
02/16/2024Amended Reply Filed  Amended Reply to Response to Petition for Review filed on behalf of Home Depot U.S.A., Inc.
02/16/2024Reply to Response  Reply to Response to Petition for Review filed on behalf of Home Depot U.S.A., Inc.
01/26/2024MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review is granted. Reply is due February 16, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/26/2024Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Chad Seward, et al.
01/26/2024Amended Petition for Review filed  Amended Petition for Review filed on behalf of Home Depot U.S.A., Inc., et al.
01/19/2024Miscellaneous motion disposed. See Remarks.Filing granted Motion for Leave to File Corrected Petition for Review granted
01/19/2024Motion to strike disposedDenied Motion to Strike Petition for Review denied
01/17/2024Response to Petition  Response to Home Depot's Petition for Review filed on behalf of Rogelio Santander, Sr., et al.
01/17/2024Response to Petition  Response to Chad Seward and Point 2 Point Global Security, Inc.'s Petition for Review filed on behalf of Rogelio Santander, Sr., et al.
01/16/2024Miscellaneous Motion  Response to Motion to Strike  Petition for Review and Motion for Leave to File Corrected Petition filed on behalf of Home Depot.
01/12/2024Motion to Strike filed  Motion to Strike Home Depot U.S.A., Inc.'s Petition for Review filed on behalf of Rogelio Santander, Sr., et al.
01/08/2024Call received  Call received from respondent.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/20/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Rogelio Santander Sr., et al.RespondentMr. Scott H. Palmer
Mr. James Roberts
Mr. Niles S. Illich
Mr. Grant Gerleman
Mr. Sean Reed Cox
Retail Litigation Center, Inc., Retail Industry Leaders Association, And Texas Retailers AssociationAmicus CuriaeMs. Emily Means
Isabelle Hutchinson
Mr. Randall W. Miller
Juarez, Armando LuisPetitionerBrady Thomas Wyatt III
Mr. Douglas H. Parks
Point 2 Point Global Security, Inc. and Chad SewardPetitionerMr. David M. Walsh IV
Ms. Elizabeth M. Reed
Mr. Charles Timothy Reynolds
Ms. Priyanka Thomas
Allied Universal Security Services, LLCPetitionerMr. Lee L. Cameron Jr.
Mr. E. Stratton Horres Jr.
Home Depot U.S.A., Inc., et al.PetitionerMr. Arthur K. Smith
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
700 SW3d 126, 07-18-23 
5th Court of Appeals 
Honorable Kathleene Dennise Garcia 
Trial Court Information
192nd District Court 
Dallas 
Honorable Kristina M. Williams 
DC-19-07132