Supreme Court

Case: 23-1015    
23-1015
12/13/2023
Petition for Review/Cause under Tex. R. App. P. 59.1
OSVANIS LOZADA AND TELS, INC. 
CESAR R. POSADA 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/07/2025Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Cesar R. Posada.
10/25/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Osvanis Lozada, et al.
09/10/2024Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Cesar R. Posada.
08/16/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Osvanis Lozada, et al.
05/13/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from Texas Association of Defense Counsel. Submitted by Peter C. Hansen of Jackson Walker, of Austin, Texas.
05/07/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Osvanis Lozada, et al.
04/22/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Cesar R. Posada.
02/13/2024Petition for ReviewPetitioner Petition for Review filed on behalf of Osvanis Lozada, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/13/2023Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than January 16, 2024.
12/13/2023Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Osvanis Lozada, et al.
12/13/2023Court reporter/recorder's record 
12/13/2023Clerk's Record 
10/25/2024Reply Brief  Reply Brief on the Merits filed on behalf of Osvanis Lozada, et al.
09/20/2024Motion 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 October 25, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/20/2024Motion 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 Osvanis Lozada, et al.
09/10/2024Brief on the Merits  Response Brief on the Merits filed on behalf of Cesar R. Posada.
09/05/2025Mandate issued  Mandate & Cost Bill Issued
09/05/2025Motion for Rehearing - DisposedDenied
08/16/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Osvanis Lozada, et al.
07/15/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due no later than August 21, 2024; Respondent's brief is due September 10, 2024; and Reply brief is due September 25, 2024.
07/12/2024Motion for Extension of Time to File Brief filed  Motion for Extension of TIme to file Petitioner's Brief on the Merits filed on behalf of Osvanis Lozada and Tels, Inc.
07/07/2025Case forwarded to Court 
07/07/2025Motion for Rehearing  Motion for Rehearing filed on behalf of Cesar R. Posada.
06/21/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 22, 2024; Response brief due August 12, 2024; Reply brief due August 27, 2024.
06/20/2025Court approved judgment sent to attorneys of recordIssued
06/20/2025Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Per Curiam Opinion
(6/20/2025 1:19:52 PM) 231015pc.pdf, 23-1015.jmt.pdf
06/20/2025Petition for Review disposedPetition granted pursuant to TRAP 59.1
06/20/2025Petition for Review granted under TRAP 59.1 
05/23/2024Miscellaneous motion disposed. See Remarks.Denied Motion for the Court to Refuse to Consider Texas Association of Defense Counsel's Amicus Curiae Brief is denied.
05/21/2024Response to Motion filed  Response to Motion for the Court to Refuse to Consider Texas Association of Defense Counsel's Amicus Curiae Brief filed on behalf of Osvanis Lozada, et al.
05/17/2024Miscellaneous Motion  Opposed Motion for the Court to Refuse to Consider Texas Association of Defense Counsel's Amicus Curiae Brief filed on behalf of Cesar R. Posada.
05/13/2024Amicus Curiae Brief received  Amicus Brief received from Texas Association of Defense Counsel. Submitted by Peter C. Hansen of Jackson Walker, of Austin, Texas.
05/07/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Osvanis Lozada, et al.
04/22/2024Response to Petition  Response to Petition for Review filed on behalf of Cesar R. Posada.
03/22/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than April 22, 2024.
02/20/2024Case forwarded to Court 
02/15/2024Response Waiver filed  Response Waiver filed on behalf of Cesar R. Posada.
02/13/2024Petition for Review  Petition for Review filed on behalf of Osvanis Lozada, et al.
01/12/2024Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to fiel Petition for Review granted. Further requests for extensions of time will be disfavored. Petition for Review is due no later than February 15, 2024.
01/11/2024Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to fiel Petition for Review filed on behalf of Osvanis Lozada and Tels, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/05/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Posada, Cesar R.RespondentMr. Sam Legate
Mr. Jeffrey B. Pownell
Osvanis Lozada and Tels, Inc.PetitionerMichael P. Garcia
Mr. Darryl Scott Vereen
Brian Calhoun 'Cal' Mundell
Ms. Elena A. Esparza
Mr. Kurt G. Paxson
Mr. S. Anthony Safi
Texas Association of Defense CounselAmicus CuriaeMr. Peter C. Hansen
Court of Appeals Information:
Reverse & Remand 
717 SW3d 425, 09-01-23 
8th Court of Appeals 
Honorable Gina M. Palafox  
Trial Court Information
County Court at Law No 3 
El Paso 
Honorable Javier Alvarez 
2018-DCV-4419