Supreme Court

Case: 24-0045    
24-0045
01/17/2024
Petition for Review/Cause under Rule 53.1
K&K INEZ PROPERTIES, LLC, DAVID KUCERA, AND VALERIE KUCERA 
CLAY KOLLE AND LACY KOLLE 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/14/2025Reply BriefPetitioner Reply Brief on the Merits filed on behalf of K & K Inez Properties, LLC, et al.
01/16/2025Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Clay Kolle, et al.
11/25/2024Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of K & K Inez Props., LLC, et al.
06/17/2024Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of K & K Inez Properties, LLC, et al.
06/03/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Clay Kolle, et al.
02/20/2024Petition for ReviewPetitioner Petition for Review filed on behalf of K & K Inez Properties, LLC., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/10/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondents' brief is due no later than January 16, 2025; and Reply brief is due January 31, 2025.
12/09/2024Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Clay Kolle, et al.
12/02/2025Oral argument   Argued on behalf of Petitioners by Susan J. Clouthier; Argued on behalf of Respondents by Samuel Cole
11/25/2024Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of K & K Inez Props., LLC, et al.
11/03/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Clay Kolle, et al. Oral Argument will be presented by Samuel Cole of Cole, Cole, Easley & Sciba of Victoria, Texas.
11/03/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioner, K & K Inez Properties, LLC, et al. Oral Argument will be presented by Susan J. Clouthier of Clouthier Law, PLLC of The Woodlands, Texas.
10/16/2024Motion 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 November 27, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due December 17, 2024. Reply Brief is due January 2, 2025.
10/16/2024Motion 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  K & K Inez Properties, LLC, et al.
09/27/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than October 28, 2024; Response brief due November 18, 2024; Reply brief due December 3, 2024.
09/12/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., December 2, 2025. Time allotted to argue: 20/20 minutes
08/22/2025Petition Granted/Date and time for oral argument are yet to be determined.The date and time for oral argument are yet to be determined. The date and time for oral argument are yet to be determined.
08/22/2025Abatement Order Lifted  Abatement order issued April 25, 2025 is lifted.
08/22/2025Petition for Review granted 
08/22/2025Motion to reinstate case disposedFiling granted Motion to Reinstate granted
07/15/2025Motion to Reinstate Case filed  Motion to Reinstate Appeal filed on behalf of K & K Inez Properties., LLC, et al.
07/06/2026Mandate issued  Mandate & Cost Bill Issued
06/17/2024Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of K & K Inez Properties, LLC, et al.
06/03/2024Response to Petition  Response to Petition for Review filed on behalf of Clay Kolle, et al.
05/22/2026Court approved judgment sent to attorneys of recordIssued
05/22/2026Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment in part and remands the case to the trial court. Justice Huddle delivered the opinion of the Court.
(5/22/2026 3:55:53 PM) 240045.pdf, 24-0045.jmt.pdf
05/07/2024Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Response is due June 3, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/07/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Clay Kolle, et al.
04/25/2025Order of the Court IssuedAbated due to bankruptcy Order Issued: "Effective March 20, 2024, the case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active
docket, subject to reinstatement upon proper motion. TEX. R. APP. P. 8.3. All
motions and other documents pending or filed are abated subject to being
reurged in the event the case is reinstated. TEX. R. APP. P. 8.2, 8.3. It is the
parties' responsibility to immediately notify this Court once the automatic
bankruptcy stay is lifted."
04/25/2025Petition for Review disposedAbated due to bankruptcy
04/14/2025Suggestion of Bankruptcy   Suggestion of Bankruptcy filed on behalf of K & K Inez Properties, LLC., et al.
04/12/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 13, 2024.
04/04/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
04/04/2025Petition for Review granted 
03/12/2024Case forwarded to Court 
03/08/2024Response Waiver filed  Response Waiver filed on behalf of Clay Kolle, et al.
02/20/2024Petition for Review  Petition for Review filed on behalf of K & K Inez Properties, LLC., et al.
02/14/2025Reply Brief  Reply Brief on the Merits filed on behalf of K & K Inez Properties, LLC, et al.
01/21/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due no later than February 14, 2025.
01/21/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of K & K Inez Properties, LLC, et al.
01/17/2024Motion 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 February 28, 2024.
01/17/2024Motion 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 K & K Inez Properties, LLC, et al.
01/17/2024Court reporter/recorder's record 
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01/17/2024Supplement to Clerk's/Reporter's Record 
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01/17/2024Clerk's Record 
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01/16/2025Brief on the Merits  Response Brief on the Merits filed on behalf of Clay Kolle, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/06/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Kucera, DavidPetitionerMr. Frank Edward Weathered
Ms. Charlotte Nall
Ms. Susan J. Clouthier
K & K Inez Properties, LLCPetitionerMs. Susan J. Clouthier
Ms. Charlotte Nall
Mr. Frank Edward Weathered
Kolle, LacyRespondentMr. William L. Sciba III
Mr. Samuel C. Cole
Mr. Duane G. Crocker
Kucera, ValeriePetitionerMs. Charlotte Nall
Mr. Frank Edward Weathered
Ms. Susan J. Clouthier
Kolle, ClayRespondentMr. Duane G. Crocker
Mr. William L. Sciba III
Mr. Samuel C. Cole
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
712 SW3d 125, 12-28-23 
13th Court of Appeals 
Honorable Jaime E. Tijerina 
Trial Court Information
135th District Court 
Victoria 
Honorable Kemper Stephen Williams 
17-11-81926-B