Supreme Court

Case: 23-0848    
23-0848
10/11/2023
Second Petition for Review/Cause under Rule 53.1
THIRD COAST SERVICES, LLC AND SPAWGLASS CIVIL CONSTRUCTION, INC. 
FELICITAS CASTANEDA, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PEDRO CASTANEDA, DECEASED, IRVING CASTANEDA, EVELYN CASTANEDA, AND LIZZIE CASTANEDA 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/09/2025Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of SpawGlass Civil Construction, Inc.
01/09/2025Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Third Coast Services, LLC.
11/25/2024Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Felicitas Castaneda, et al.
09/27/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Third Coast Services, LLC.
09/27/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of SpawGlass Civil Construction, Inc.
05/09/2024Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Third Coast Services, LLC.
05/09/2024Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of SpawGlass Civil Construction, Inc.
04/24/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Felcitas Castaneda, et al.
02/02/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Rogers-O'Brien Construction, et al, submitted by Bradley E. Chambers of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. of Houston, Texas.
02/01/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of American Subcontractors Association submitted by Brian K. Carroll and Shaina M.H. Swanson of Sanderford & Carroll, P.C. of Belton, Texas.
01/23/2024Response to Amicus Curiae Brief filedRespondent Response to Amicus Letter filed on behalf of Felicitas Castaneda, et al.
01/21/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief submitted on behalf of the Associated General Contractors by Ben Westcott, Andrew Bender, and Elliot J. Kudisch of Andrews Myers, P.C. from Houston, Texas.
12/15/2023Petition for Review #2Petitioner Petition for Review filed on behalf of SpawGlass Civil Construction, Inc.
12/15/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Third Coast Services, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/15/2023Petition for Review #2  Petition for Review filed on behalf of SpawGlass Civil Construction, Inc.
12/15/2023Petition for Review  Petition for Review filed on behalf of Third Coast Services, LLC, et al.
12/12/2025Court approved judgment sent to attorneys of recordIssued
12/12/2025Opinion issuedIssued The Court reverses the court of appeals' judgment and remands the case to that court. Justice Huddle delivered the opinion of the Court.  (Justice Lehrmann not participating)
12/12/2025Opinion 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 Huddle delivered the opinion of the Court.  (Justice Lehrmann not participating)
(12/12/2025 2:28:16 PM) 230848.pdf, 23-0848.jmt.pdf
12/11/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due January 9, 2025. Further requests for extensions of time for this filing will be disfavored.
12/09/2024Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Third Coast Services, LLC, et al.
11/25/2024Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Felicitas Castaneda, et al.
11/14/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondents' Brief on the Merits granted. No further extensions of time will be considered. Respondents' brief is due no later than November 25, 2024; and Reply brief is due December 10, 2024.
11/14/2024Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Respondents' Brief on the Merit filed on behalf of Felicitas Castaneda, et al.
11/14/2023Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Joint Motion for Extension of Time to file Petition for Review granted. Further requests for extensions of time will be disfavored. Petition for Review is due no later than December 15, 2023.
11/13/2023Second Motion for Extension of Time to File Petition for Review filed  Second Joint Motion for Extension of Time to file Petition for Review filed on behalf of Third Coast Services, LLC, et al.
11/12/2024Notice of Appearance  Notice of Appearance and Designation of Additional Appellate Counsel filed on behalf of Felicitas Castaneda, et al.
10/18/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Respondents' Brief on the Merits is due November 18, 2024. Petitioners' Reply Brief is due December 3, 2024. Further requests for extensions of time for this filing will be disfavored.
10/17/2024Motion 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 Felicitas Castaneda, et al.
10/11/2023Motion 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 November 15, 2023.
10/11/2023Motion 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 Third Coast Services, LLC, et al.
10/11/2023Supplement to Clerk's/Reporter's Record 
10/11/2023Court reporter/recorder's record 
10/11/2023Supplement to Clerk's/Reporter's Record 
10/11/2023Clerk's Record 
09/27/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of SpawGlass Civil Construction, Inc.
09/27/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Third Coast Services, LLC.
09/11/2024Call received  Call from counsel regarding updated briefing schedule.
09/10/2024Motion 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 is due September 27, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due October 17, 2024. Reply Brief is due November 1, 2024.
09/10/2024Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of SpawGlass Civil Construction, Inc.
09/09/2025Oral argument   Argued on behalf of Petitioners by Anthony T. Golz (Cokinos | Young, P.C.), from Houston and Jessica Z. Barger (Wright Close Barger, LLP), from Houston. Argued on behalf of Respondents by Casey L. Gibson (The Gibson Law Firm), from Houston.
09/09/2025Oral argument   Argued on behalf of Petitioners by Anthony T. Golz (Cokinos | Young, P.C.), from Houston and Jessica Z. Barger (Wright Close Barger, LLP), from Houston. Argued on behalf of Respondents by Casey L. Gibson (The Gibson Law Firm), from Houston.
08/26/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Third Coast Services, LLC, et al. Oral Argument will be presented by Anthony T. Golz of Cokinos | Young, P.C. of Houston, Texas, and Jessica Z. Barger of Wright Close Barger, LLP, of Houston, Texas.
08/25/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Felicitas Castaneda. Oral Argument will be presented by Casey L. Gibson of The Gibson Law Firm of Houston, Texas.
08/13/2024Motion 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 is due September 13, 2024. Further requests for extensions of time for this filing will not be considered. Response Brief is due October 3, 2024. Reply Brief is due October 18, 2024.
08/13/2024Motion 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 is due September 13, 2024. Further requests for extensions of time for this filing will not be considered. Response Brief is due October 3, 2024. Reply Brief is due October 18, 2024.
08/12/2024Motion 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 of SpawGlass Civil Construction, Inc.
08/12/2024Motion 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 of Third Coast Services, LLC.
07/15/2024Motion 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 August 14, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due September 3, 2024. Reply Brief is due September 18, 2024.
07/15/2024Motion 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 Third Coast Services, LLC.
07/15/2024Motion 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 August 14, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due September 3, 2024. Reply Brief is due September 18, 2024.
07/12/2024Motion 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 SpawGlass Civil Construction, Inc.
06/14/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 15, 2024; Response brief due August 5, 2024; Reply brief due August 20, 2025.
05/30/2025Call received  Call received from Respondent's Counsel.
05/30/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 9, 2025. Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
05/30/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 9, 2025. Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
05/09/2024Reply to Response  Reply in Support of Petition for Review filed on behalf of Third Coast Services, LLC.
05/09/2024Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of SpawGlass Civil Construction, Inc.
04/24/2024Response to Petition  Response to Petition for Review filed on behalf of Felcitas Castaneda, et al.
04/04/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Justice Lehrmann not participating)
04/04/2025Petition for Review granted 
04/04/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Justice Lehrmann not participating)
04/04/2025Petition for Review granted 
03/26/2024Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due no later than April 24, 2024.
03/25/2024Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Felicitas Castaneda, et al.
03/03/2026Call received  Call received from counsel for Respondent.
02/23/2024Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than March 25, 2024.
02/06/2026Notice received  Notice of Counsel Withdraw filed on behalf of Felicitas Castaneda, et al.
02/02/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Rogers-O'Brien Construction, et al, submitted by Bradley E. Chambers of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. of Houston, Texas.
02/01/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of American Subcontractors Association submitted by Brian K. Carroll and Shaina M.H. Swanson of Sanderford & Carroll, P.C. of Belton, Texas.
01/23/2026Mandate issued  Mandate & Cost Bill Issued
01/23/2024Response to Amicus Curiae Brief filed  Response to Amicus Letter filed on behalf of Felicitas Castaneda, et al.
01/23/2024Case forwarded to Court 
01/23/2024Case forwarded to Court 
01/21/2024Amicus Curiae Brief received  Amicus Curiae Brief submitted on behalf of the Associated General Contractors by Ben Westcott, Andrew Bender, and Elliot J. Kudisch of Andrews Myers, P.C. from Houston, Texas.
01/12/2024Response Waiver filed  Response Waiver filed on behalf of Felicitas Castaneda, et al.
01/09/2025Reply Brief  Reply Brief on the Merits filed on behalf of SpawGlass Civil Construction, Inc.
01/09/2025Reply Brief  Reply Brief on the Merits filed on behalf of Third Coast Services, LLC.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/23/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
SpawGlass Civil Construction, Inc.,PetitionerWilliam Patrick Garner
Mr. Gregory M. Cokinos
Ms. Dana Livingston
Graham Quinn
Mr. Anthony T. Golz
Rogers-O’Brien Construction, et al. Amicus CuriaeMr. Bradley E. Chambers
Felicitas Castaneda, Individually and as Representative of the Estate of Pedro Castaneda, deceased, Irving Castaneda, Evelyn Castaneda, and Lizzie CastanedaRespondentMr. Jason A. Gibson
Ms. Casey L. Gibson
American Subcontractors AssociationAmicus CuriaeMs. Shaina Swanson
Mr. Brian Keith Carroll
Third Coast Services, LLCPetitionerDaniel O'Neil
Ms. Zandra E. Foley
Ms. Jessica Z. Barger
Mr. Michael J. Adams-Hurta
Mr. Bradley W. Snead
Associated General Contractors - Texas Building Branch, Associated Builders and Contractors of Texas, Inc., Houston Contractors Association, and Jordan Foster ConstructionAmicus CuriaeMr. Andrew Bender
Mr. William Benjamin Westcott
Elliot Kudisch
Court of Appeals Information:
Affirmed  
679 SW3d 254, 08-31-23 
14th Court of Appeals 
Honorable Frances Bourliot 
Trial Court Information
80th District Court 
Harris 
Honorable Jeralynn Manor 
2019-81524