Supreme Court

Case: 24-0040    
24-0040
01/12/2024
Petition for Review/Cause under Rule 53.1
RUSH TRUCK CENTERS OF TEXAS, L.P. AND BLUE BIRD BODY COMPANY 
SEAN SAYRE AND TORI SAYRE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF EMORY SAYRE, DECEASED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/23/2025Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Rush Truck Centers of Texas, L.P., et al.
03/18/2025Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Rush Truck Centers of Texas, L.P., et al.
01/23/2025Supplemental Brief filedPetitioner Response to Respondents' Supplement Brief filed on behalf of Rush Truck Centers of texas, L.P., et al.
01/17/2025Brief on the MeritsRespondent Respondents' Supplemental Brief Addressing Court of Appeals' Jurisdiction filed on behalf of Sean Sayre, et al.
01/17/2025Brief on the MeritsPetitioner Petitioners' Brief on Jurisdiction filed on behalf of Rush Truck Centers of Texas, LP, et al.
10/25/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Rush Truck Centers of Texas, L.P., et al.
10/10/2024Brief on the MeritsRespondent Response Brief on the Merit filed on behalf of Sean Sayre, et al.
08/21/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Rush Truck Centers of Texas, L.P., et al.
05/09/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Rush Truck Centers of Texas, L.P., et al.
04/24/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Sean Sayre, et al.
01/12/2024Petition for ReviewPetitioner Petition for Review filed on behalf of Rush Truck Centers of Texas, L.P., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/18/2024Supreme Court requests parties to file additonal briefs  Letter sent stating: "The Supreme Court of Texas requests that the parties file supplemental briefs addressing the following question: Did the Court of Appeals have jurisdiction to entertain an interlocutory appeal on venue? See Tex. Civ. Prac. & Rem. Code. ยง 15.064; American Home Products Corp. v. Clark, 38 S.W.3d 92 (Tex. 2000). The supplemental briefs are due no later than 5:00 p.m., Friday, January 17, 2025."
10/25/2024Reply Brief  Reply Brief on the Merits filed on behalf of Rush Truck Centers of Texas, L.P., et al.
10/10/2024Brief on the Merits  Response Brief on the Merit filed on behalf of Sean Sayre, et al.
09/06/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. Respondent's Brief on the Merits is due October 10, 2024. Reply Brief is due October 25, 2024. Further requests for extensions of time for this filing will be disfavored.
09/06/2024Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Sean Sayre, et al.
09/05/2025Mandate issued  Mandate & Cost Bill Issued
09/05/2025Motion for Rehearing - DisposedDenied
08/21/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Rush Truck Centers of Texas, L.P., et al.
07/18/2024Motion 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 August 21, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due September 10, 2024. Reply Brief is due September 25, 2024.
07/18/2024Motion 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 Rush Truck Centers of Texas, L.P., et al.  
06/23/2025Case forwarded to Court 
06/23/2025Motion for Rehearing  Motion for Rehearing filed on behalf of Rush Truck Centers of Texas, L.P., et al.
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.
06/06/2025Court approved judgment sent to attorneys of recordIssued
06/06/2025Opinion issuedCourt of Appeals' judgment vacted; remanded to trial court The Court vacates the court of appeals' judgment and remands the case to the trial court. Justice Sullivan delivered the opinion of the Court.
(6/6/2025 2:07:21 PM) 240040.pdf, 24-0040.jmt.pdf
05/09/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Rush Truck Centers of Texas, L.P., et al.
04/24/2024Response to Petition  Response to Petition for Review filed on behalf of Sean Sayre, et al.
03/21/2024Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Petition for Review is due April 24, 2024. Further requests for extensions of time for this filing will be disfavored.
03/20/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Sean Sayre, et al.
03/19/2025Oral argument   Argued on behalf of Petitioners by Richard H. Grafton; Argued on behalf of Respondents by Jeffrey S. Levinger
03/18/2025Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Rush Truck Centers of Texas, L.P., et al.
03/13/2025Notice of Appearance  Notice of Appearance of Additional Counsel filed on behalf of Sean Sayre, et al.
03/10/2025Oral Argument Submission Form from Attorney received  Amended Oral Argument Submission Form submitted on behalf of  Rush Truck Centers of Texas, L.P., et al. Oral Argument will be presented by Richard H. Grafton with Germer Beaman & Brown PLLC of Austin, Texas.
03/07/2025Motion to postpone submission date disposedDenied Unopposed Motion to Postpone Argument denied
03/06/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Sean Sayre, et al. Oral Argument will be presented by Jeffery S. Levinger of Levinger PC, of Dallas, Texas.
03/05/2025Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Ben Zinnecker with Germer Beaman & Brown PLLC of Austin, Texas, filed on behalf of Rush Truck Centers of Texas, L.P., et al.
03/03/2025Motion to postpone submission date filed  Unopposed Motion to Postpone Oral Argument filed on behalf of Rush Truck Centers of Texas, L.P., et al.
02/23/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than March 25, 2024.
01/31/2025Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 19, 2025. Time allotted to argue: 20/20 minutes
01/31/2025Petition for Review disposedFiling granted
01/31/2025Petition for Review granted 
01/23/2025Supplemental Brief filed  Response to Respondents' Supplement Brief filed on behalf of Rush Truck Centers of texas, L.P., et al.
01/23/2024Case forwarded to Court 
01/19/2024Response Waiver filed  Response Waiver filed on behalf of Sean Sayre, et al.
01/17/2025Brief on the Merits  Respondents' Supplemental Brief Addressing Court of Appeals' Jurisdiction filed on behalf of Sean Sayre, et al.
01/17/2025Brief on the Merits  Petitioners' Brief on Jurisdiction filed on behalf of Rush Truck Centers of Texas, LP, et al.
01/16/2024Clerk's Record 
01/16/2024Court reporter/recorder's record 
01/12/2024Petition for Review  Petition for Review filed on behalf of Rush Truck Centers of Texas, L.P., et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/05/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Sean Sayre, et al.RespondentMr. Jeffrey S. Levinger
Mr. Joseph Cecere
Nicholas Rodriguez
Mr. Muhammad S. Aziz
Mr. Karl Long
Mr. Kevin Allen Koudelka
Rush Truck Centers of Texas, L.P., et al. PetitionerMr. Richard Harley Grafton
Mr. Benjamin Zinnecker
Court of Appeals Information:
Affirmed  
704 SW3d 857, 11-30-23 
5th Court of Appeals 
Honorable Kathleene Dennise Garcia 
Trial Court Information
192nd District Court 
Dallas 
Honorable Maria Aceves 
DC-22-12335