Supreme Court

Case: 24-0447    
24-0447
05/30/2024
Petition for Review/Cause under Rule 53.1
THE STATE OF TEXAS AND KYLE MADSEN IN HIS OFFICIAL CAPACITY AS DIRECTOR OF RIGHT OF WAY 
JRJ PUSOK HOLDINGS, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/15/2026Post submission brief filedRespondent Response to Post-Submission Letter Brief filed on behalf of JRJ Pusok Holdings, LLC.
11/24/2025Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of State.
10/31/2025Exhibits in case/cause filedRespondent Oral Argument Exhibits submitted on behalf of JRJ Pusok Holdings, LLC.
05/19/2025Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of the State of Texas, et al.
04/25/2025Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of JRJ Pusok Holdings, LLC.
02/20/2025Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of the State of Texas, et al.
10/07/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of The State of Texas, et al.
09/17/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of JRJ Pusok Holdings, LLC.
05/30/2024Petition for ReviewPetitioner Petition for Review filed on behalf of the State of Texas, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief on the merits due no later than January 21, 2025; Response brief due February 10, 2025; Reply brief due February 25, 2025.
11/24/2025Post submission brief filed  Post-Submission Letter Brief filed on behalf of State.
11/04/2025Oral argument   Argued on behalf of Petitioners by Beth Klusmann; Argued on behalf of Respondent by Matthew G. Zagrodzky
10/31/2025Exhibits in case/cause filed  Oral Argument Exhibits submitted on behalf of JRJ Pusok Holdings, LLC.
10/17/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission form submitted on behalf of JRJ Pusok Holdings, LLC. Oral Argument will be presented by Matthew G. Zagrodzky of Warren & Baker, LLP of Katy, Texas.
10/07/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of The State of Texas, et al.
10/03/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of The State of Texas, et al. Oral Argument will be presented by Beth Klusmann of Austin, Texas.
09/27/2024MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review is granted. Reply is due October 7, 2024. Further requests for extensions of time for this filing will be disfavored.
09/27/2024Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of The State of Texas, et al.
09/17/2024Response to Petition  Response to Petition for Review filed on behalf of JRJ Pusok Holdings, LLC.
08/28/2024Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due September 17, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/28/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of JRJ Pusok Holdings, LLC.
08/02/2024Supreme Court of Texas Requested Response  Response requested to Petition for Review due no later than September 3, 2024.
07/23/2026Mandate issued  Mandate & Cost Bill Issued
07/02/2024Case forwarded to Court 
07/01/2024Response Waiver filed  Response Waiver filed on behalf of JRJ Pusok Holdings, LLC
06/27/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., November 4, 2025. Time allotted to argue: 20/20 minutes
06/20/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/20/2025Petition for Review granted 
06/12/2026Court approved judgment sent to attorneys of recordIssued
06/12/2026Dissenting opinion issued.Issued Justice Hawkins filed a dissenting opinion, in which Justice Sullivan joined, and in which Chief Justice Blacklock joined except as to Part III(A).
06/12/2026Concurring Opinion issued.Issued Justice Young filed a concurring opinion.
06/12/2026Opinion issuedCourt of Appeals' judgment affirmed/remanded to trial court The Court affirms the court of appeals' judgment and remands the case to the trial court. Justice Bland delivered the opinion of the Court, in which Justice Lehrmann, Justice Devine, Justice Busby, Justice Huddle, and Justice Young joined.
(6/12/2026 11:49:21 AM) 240447d.pdf, 240447c.pdf, 240447.pdf, 24-0447.jmt.pdf
05/30/2024Petition for Review  Petition for Review filed on behalf of the State of Texas, et al.
05/30/2024Clerk's Record 
05/30/2024Supplement to Clerk's/Reporter's Record 
05/30/2024Court reporter/recorder's record 
05/19/2025Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of the State of Texas, et al.
05/07/2025Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Petitioner's Reply Brief on the Merits is due May 19, 2025. Further requests for extensions of time for this filing will be disfavored.
05/07/2025Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of the State of Texas, et al.
04/25/2025Brief on the Merits  Respondent's Brief on the Merits filed on behalf of JRJ Pusok Holdings, LLC.
04/09/2025Motion 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 April 25, 2025. Further requests for extensions of time for this filing will not be considered. Reply Brief is due May 12, 2025.
04/09/2025Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of JRJ Pusok Holdings, LLC.
03/06/2025Motion 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 April 11, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due April 28, 2025.
03/06/2025Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of JRJ Pusok Holdings, LLC.
02/20/2025Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of the State of Texas, et al.
01/17/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits granted. Petitioners' Brief on the Merits is due February 20, 2025. Respondent's Brief is due March 12, 2025. Reply Brief is due March 27, 2025. Further requests for extensions of time for this filing will be disfavored.
01/17/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of the State of Texas, et al.
01/15/2026Post submission brief filed  Response to Post-Submission Letter Brief filed on behalf of JRJ Pusok Holdings, LLC.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/23/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
The State of Texas and Kyle Madsen in his Official Capacity as Director of Right of WayPetitionerMr. Cody Rutowski
Shekeira Ward
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Aaron Nielson
Ms. Lisa Marie McClain Mitchell
Mr. Brent Webster
Ms. Beth E. Klusmann
Mr. James Alexander Smith
JRJ Pusok Holdings, LLCRespondentMr. Brett B. Warren
Caroline H. Russe
Jeremy D. Baker
Mr. Matthew Zagrodzky
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
693 SW3d 679, 12-28-23 
14th Court of Appeals 
Honorable Tracy K. Christopher 
Trial Court Information
County Civil Court at Law No 4 
Harris 
Honorable Miryea Ayala 
1128555