Supreme Court

Case: 24-0543    
24-0543
07/08/2024
Petition for Review/Cause under Rule 53.1
FAMILY DOLLAR STORES OF TEXAS, LLC, ARCP FDCCC1403 LLC, 7B BUILDING & DEVELOPMENT, LLC, TRIPLE C DEVELOPMENT, INC., BURKHARDT ENGINEERING COMPANY, AND M&S UTILITY CONSTRUCTION, LLC 
JLMH INVESTMENTS, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/12/2026Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amici Curiae received on behalf of Texas Land & Mineral Owners Association, et al., submitted by Daniel Charest of Burns Charest LLP of Dallas, Texas.
08/12/2026Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of JLMH Investments, LLC.
04/15/2026Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Texas Land & Mineral Owners Association submitted by Daniel H. Charest of Burns Charest LLP of Dallas, Texas.
12/29/2025Supplemental Brief filedPetitioner Petitioner's Supplemental Brief filed on behalf of Family Dollar Stores of Texas, LLC, et al.
12/28/2025Supplemental Brief filedRespondent Supplemental Brief filed on behalf of JLMH Investments, LLC.
11/03/2025Exhibits in case/cause filedPetitioner Oral Argument Exhibits submitted on behalf of Family Dollar Stores of Texas, LLC, et al.
05/14/2025Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Family Dollar Stores of Texas, LLC, et al.
04/16/2025Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of JLMH Investments, LLC.
04/02/2025Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Family Dollar Stores of Texas, LLC., et al.
01/15/2025Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of 7B Building & Development, LLC.
01/06/2025Response to PetitionRespondent Response to Petition for Review filed on behalf of JLMH Investments, LLC.
09/27/2024Petition for ReviewPetitioner Petition for Review filed on behalf of 7B Building and Development, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2025Supplemental Brief filed  Petitioner's Supplemental Brief filed on behalf of Family Dollar Stores of Texas, LLC, et al.
12/28/2025Supplemental Brief filed  Supplemental Brief filed on behalf of JLMH Investments, LLC.
12/09/2024Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted in part. Response is due January 8, 2025. Further requests for extensions of time for this filing will be disfavored.
12/09/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of JLMH Investments, LLC.
12/03/2025Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Supplemental Briefs granted.  Supplemental briefs, which shall no be longer than 4,500 words each, are due no later than 5:00pm on December 29, 2025.
12/01/2025Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Supplemental Briefs filed on behalf of Family Dollar Stores of Texas, LLC, et al.
11/25/2025Supreme Court orders additional briefing from parties  Supplemental Briefing Ordered: "The Court orders that petitioners and respondent file supplemental briefs addressing whether the court of appeals and this Court have appellate jurisdiction. The supplemental briefs, which shall be no longer than 4,500 words each, are due no later than 5:00pm on December 11, 2025.
11/08/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than December 9, 2024.
11/04/2025Oral argument   Argued on behalf of Petitioners by Paul J. Downey; Argued on behalf of Respondent by Scott W. Wert
11/03/2025Exhibits in case/cause filed  Oral Argument Exhibits submitted on behalf of Family Dollar Stores of Texas, LLC, et al.
10/21/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of JLMH Investments, LLC. Oral Argument will be presented by Scott W. Wert of Scott W. Wert, Attorney of Aledo, Texas.
10/21/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Family Dollar Stores of Texas, LLC, et al. Oral Argument will be presented by Paul J. Downey of Macdonald Devin Madden Kenefick Harris, P.C., of Dallas, Texas.
10/08/2024Case forwarded to Court 
10/03/2024Response Waiver filed  Response Waiver filed on behalf of JLMH Investments, LLC.
09/27/2024Petition for Review  Petition for Review filed on behalf of 7B Building and Development, LLC, et al.
08/28/2026Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing granted. Response is due October 1, 2026. Further requests for extensions of time for this filing will be disfavored.
08/28/2026Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of 7B Building & Development, LLC.
08/21/2024Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due September 27, 2024. Further requests for extensions of time for this filing will be disfavored.
08/21/2024Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time filed on behalf of 7B Building and Development, LLC, et al.
08/17/2026Supreme Court of Texas Ordered Response  Court ordered response to motion for rehearing due no later than September 1, 2026.
08/12/2026Amicus Curiae Brief received  Brief of Amici Curiae received on behalf of Texas Land & Mineral Owners Association, et al., submitted by Daniel Charest of Burns Charest LLP of Dallas, Texas.
08/12/2026Case forwarded to Court 
08/12/2026Motion for Rehearing  Motion for Rehearing filed on behalf of JLMH Investments, LLC.
07/09/2024Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition is due August 28, 2024.
07/08/2024Response to Motion for Extension of Time to File Petition for Review  Response to Motion for Extension of Time filed on behalf of JLMH Investments, LLC.
07/08/2024Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of 7B Building & Development, LLC.
07/08/2024Clerk's Record 
07/08/2024Clerk's Record 
07/08/2024Clerk's Record 
07/06/2026Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due August 12, 2026. Further requests for extensions of time for this filing will be disfavored.
07/06/2026Electronic communication sent to Party  Sent email to Respondent's counsel regarding the Motion for Extension of Time to file Motion for Rehearing.
07/06/2026Electronic communication received from Party  Email received from Respondent's counsel regarding the Motion for Extension of Time to file Motion for Rehearing.
07/06/2026Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of JLMH Investments, 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
06/26/2026Court approved judgment sent to attorneys of recordIssued
06/26/2026Dissenting opinion issued.Issued Justice Sullivan filed a dissenting opinion, in which Chief Justice Blacklock and Justice Hawkins joined.
06/26/2026Concurring Opinion issued.Issued Justice Young filed an opinion concurring in part and in the judgment, in which Justice Bland and Justice Huddle joined, and in which Chief Justice Blacklock joined as to Part II.
06/26/2026Concurring Opinion issued.Issued Justice Busby filed a concurring opinion, in which Justice Lehrmann and Justice Devine joined.
06/26/2026Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Busby delivered the opinion of the Court with respect to Part II, in which Chief Justice Blacklock, Justice Lehrmann, Justice Devine, Justice Bland, Justice Huddle, and Justice Young joined, and an opinion with respect to Part I, in which Justice Lehrmann and Justice Devine joined.
(6/26/2026 11:59:21 AM) 240543d.pdf, 240543c2.pdf, 240543c1.pdf, 240543.pdf, 24-0543.jmt.pdf
06/13/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/13/2025Petition for Review granted 
05/14/2025Reply Brief  Reply Brief on the Merits filed on behalf of Family Dollar Stores of Texas, LLC, et al.
05/05/2025Motion 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 May 14, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/05/2025Motion 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 Family Dollar Stores of Texas, LLC, et al.
04/16/2025Brief on the Merits  Response Brief on the Merits filed on behalf of JLMH Investments, LLC.
04/15/2026Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Texas Land & Mineral Owners Association submitted by Daniel H. Charest of Burns Charest LLP of Dallas, Texas.
04/02/2025Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Family Dollar Stores of Texas, LLC., et al.
03/21/2025Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of ARCP FDCCC1403, LLC.
02/28/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioners' brief is due no later than April 2, 2025; Respondent's brief is due April 22, 2025; and Reply brief is due May 7, 2025.
02/27/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of 7B Building & Development, LLC, et al.
02/26/2025Call received  Call from Petitioner's counsel regarding briefing schedule upon requested extension of time.
01/31/2025Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief on the merits due no later than March 3, 2025; Response brief due March 24, 2025; Reply brief due April 8, 2025.
01/15/2025Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of 7B Building & Development, LLC.
01/06/2025Response to Petition  Response to Petition for Review filed on behalf of JLMH Investments, LLC.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/12/2026Work-Up by Staff / Review by JusticesMotion for Rehearing 
10/01/2026ResponseCourt ordered response dueFurther requests for extensions of time for this filing will be disfavored.
Parties
Party▲▼Party Type▲▼Representative▲▼
ARCP FDCCC1403 LLCPetitionerMr. Gregory R. Ave
JLMH Investments, LLC RespondentMr. Scott W. Wert
Family Dollar Stores of Texas, LLCPetitionerMr. John Kappel
Anthrea Nikolopoulos
M&S Utility Construction, LLCPetitionerMr. Robert Cohen  
Texas Land & Mineral Owners AssociationAmicus CuriaeAriana Noshari
M. Aldo Dyer
Quinn Burns
Mr. Daniel H. Charest
Mr. Ryan Gaddis
Texas & Southwestern Cattle Raisers AssociationAmicus CuriaeM. Aldo Dyer
Mr. Ryan Gaddis
Ariana Noshari
Quinn Burns
Mr. Daniel H. Charest
7B Building & Development, LLCPetitionerMs. Amy S. Harris
Mr. Christian Johnson
Mr. Paul Downey
Mr. Bryan G. Rutherford
Mr. Jason M. Jung
Mr. John Stephen Kenefick
Mr. David Jefrie Mizgala
South Texans' Property Rights AssociationAmicus CuriaeMr. Ryan Gaddis
Ariana Noshari
M. Aldo Dyer
Quinn Burns
Mr. Daniel H. Charest
Burkhardt Engineering CompanyPetitionerMr. Bradley Timms
Mr. Richard Schellhammer
Triple C Development, Inc.PetitionerMr. Austin Moorman
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
716 SW3d 770, 06-13-24 
2nd Court of Appeals 
Honorable Brian Keith Walker 
Trial Court Information
342nd District Court 
Tarrant 
Honorable Kimberly L. Fitzpatrick 
342-316818-20