Supreme Court

Case: 24-0953    
24-0953
11/13/2024
Petition for Review/Cause under Rule 53.1
LATTIMORE MATERIALS CORP. 
TRINITY INDUSTRIES LEASING COMPANY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/30/2026Brief on the MeritsPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Lattimore Materials Corporation.
02/11/2026Brief on the MeritsRespondent Respondent’s Brief on the Merits filed on behalf of Trinity Industries Leasing Company.
12/05/2025Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Lattimore Materials Corporation.
07/30/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Texas Grain and Feed Association, submitted by Robert L. Braden.
06/26/2025Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Lattimore Materials Corporation.
06/13/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from Texas Aggregates & Concrete Association.
05/12/2025Response to PetitionRespondent Response to Petition for Review filed on behalf of Trinity Industries Leasing Company.
02/21/2025Petition for ReviewPetitioner Petition for Review filed on behalf of Lattimore Materials Corp.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/17/2024Second 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 January 22, 2025. Further requests for extensions of time for this filing will be disfavored.
12/17/2024Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Lattimore Materials Corp.
12/11/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief is due January 28, 2025. Petitioner's Reply Brief is due February 12, 2025. Further requests for extensions of time for this filing will be disfavored.
12/11/2025Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Trinity Industries Leasing Company.
12/05/2025Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Lattimore Materials Corporation.
11/14/2024Motion 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 December 23, 2024.
11/14/2024Clerk's Record 
11/14/2024Court reporter/recorder's record 
11/14/2024Court reporter/recorder's record 
11/14/2024Court reporter/recorder's record 
11/14/2024Clerk's Record 
11/14/2024Clerk's Record 
11/14/2024Clerk's Record 
11/13/2024Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Lattimore Materials Corp.
10/31/2025Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due December 5, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due December 29, 2025. Reply Brief is due January 13, 2026.
10/31/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Lattimore Materials Corporation.
09/29/2025Motion 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 on the Merits is due November 5, 2025. Respondent's Brief on Merits is due November 25, 2025. Reply Brief on the Merits is due December 10, 2025. Further requests for extensions of time for this filing will be disfavored.
09/29/2025Motion 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 Lattimore Materials Corporation.
09/05/2025Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief on the merits due no later than October 6, 2025; Response brief due October 27, 2025; Reply brief due November 12, 2025.
09/04/2026Abatement Order Issued 
09/04/2026Motion to Abate disposedFiling granted Joint Motion to Abate granted
08/31/2026Call received  Call received from attorneys on behalf of the petitioner and respondent letting the Court know that they have settled their dispute and will file a Joint Motion to Abate.  Parties wanted to inform the Court as soon as possible as this cause is set for oral argument at SMU on October 8, 2026.
08/31/2026Motion to Abate filed  Joint Motion to Abate filed on behalf of Lattimore Materials Corp., et al.
07/30/2025Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Texas Grain and Feed Association, submitted by Robert L. Braden.
06/26/2025Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Lattimore Materials Corporation.
06/13/2025Amicus Curiae Brief received  Amicus Brief received from Texas Aggregates & Concrete Association.
06/12/2026Submission resetCase set for oral argument Oral argument of this cause will be conducted on Thursday, October 8, 2026 at 9:00 a.m. at SMU Dedman School of Law in Dallas, Texas. See TEX. CONST. ART. V., § 3(a).
05/29/2026Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 6, 2026. Time allotted to argue: 20/20 minutes
05/29/2026Petition for Review disposedFiling granted
05/29/2026Petition for Review granted 
05/16/2025MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply in Support of Petition for Review is due June 26, 2025. Further requests for extension of time for this filing will be disfavored.
05/16/2025Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Lattimore Materials Corporation.
05/12/2025Response to Petition  Response to Petition for Review filed on behalf of Trinity Industries Leasing Company.
04/11/2025Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 12, 2025.
03/30/2026Brief on the Merits  Petitioner's Reply Brief on the Merits filed on behalf of Lattimore Materials Corporation.
03/11/2025Case forwarded to Court 
03/07/2025Response Waiver filed  Response Waiver filed on behalf of Trinity Industries Leasing Company.
02/24/2026Motion 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 March 30, 2026. Further requests for extensions of time for this filing will be disfavored.
02/21/2025Petition for Review  Petition for Review filed on behalf of Lattimore Materials Corp.
02/20/2026Motion 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 Lattimore Materials Corporation.
02/11/2026Brief on the Merits  Respondent’s Brief on the Merits filed on behalf of Trinity Industries Leasing Company.
01/20/2026Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due February 11, 2026. Further requests for extensions of time for this filing will not be considered. Reply Brief on the Merits is due February 26, 2026.
01/20/2026Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Trinity Industries Leasing Company.
01/10/2025Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due February 21, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
01/10/2025Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Petition for Review filed on behalf of Lattimore Materials Corp.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/31/2026Motion being reviewed by CourtMotion to abate petition 
10/08/2026Submission (Set to be Heard)Submission (Set to be heard) 
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Aggregates & Concrete AssociationAmicus CuriaeMr. Christopher Pepper
Margaret Ward
Texas Grain and Feed Association (TGFA)Amicus CuriaeRobert L. Braden
Lattimore Materials Corp.PetitionerMr. Wallace B. Jefferson  
Mr. Ryan C. Gentry  
Mr. Aaron B. Michelsohn
Mr. William Richard (Rick) Thompson II
Mr. Nicholas Bacarisse
Mr. Matthew A. Nowak
Ms. Rachel A. Ekery  
Trinity Industries Leasing CompanyRespondentMr. Ronald W. Breaux
Mr. Christopher Knight
Mr. Jason N. Jordan
Mr. Charles M. Jones II
Court of Appeals Information:
Reverse & Remand 
736 SW3d 19, 07-29-24 
5th Court of Appeals 
Honorable Kathleene Dennise Garcia 
Trial Court Information
68th District Court 
Dallas 
Honorable Martin Jerome Hoffman 
DC-20-08632