Supreme Court of Texas Blog

No. 14-0819
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CADENA COMERCIAL USA CORP. D/B/A OXXO v. TEXAS ALCOHOLIC BEVERAGE COMMISSION

Oral argument was held on October 3, 2016. The Court issued an opinion resolving the case on April 28, 2017. File Closed

Opinions

April 28, 2017

Johnson
Green
Guzman
Lehrmann
Devine
Brown

Justice Johnson delivered the opinion of the Court, in which Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined. PDF

Willett
Hecht

Justice Willett delivered a dissenting opinion, in which Chief Justice Hecht joined. PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Affirmed
COA Docket No.:03-13-00262-CV
Opinion Author:Honorable J. Woodfin 'Woodie' Jones

Trial Court

Trial Court:201st District Court
County:Travis
Trial Judge:Honorable Lora J. Livingston
Trial Docket:D-1-GN-13-000814

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2017-06-06 Letter Filed  
2017-05-15 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2017-05-15 Motion for Extension of Time to File Motion for Rehearing  
2017-05-02 Letter sent to parties from Supreme Court - See Remarks  
2017-04-28 Opinion issued   Court of appeals' judgment affirmed
2017-04-28 Court approved judgment sent to attorneys of record Issued
2017-04-28 Miscellaneous motion disposed. See Remarks.   Filing granted
2017-04-28 Dissenting opinion issued.   Issued
  This case was awaiting the Court's decision after oral argument between February 10, 2017 and April 28, 2017.  
2017-02-10 Letter Received  
2017-01-04 Post submission brief filed (Petitioner)  
2016-12-19 Post submission brief filed  
2016-12-12 Post submission brief filed (Respondent)  
  This case was awaiting the Court's decision after oral argument between October 17, 2016 and December 12, 2016.  
2016-10-17 Amicus Curiae Brief received  
2016-10-14 Amicus Curiae Letter Received  
2016-10-14 Post submission brief filed (Petitioner)  
2016-10-03 Oral argument  
2016-10-02 Amicus Curiae Brief received  
2016-09-28 Electronic communication sent to Party  
2016-09-28 Corrected Brief (Amicus Curiae)  
2016-09-28 Motion to Correct filed  
2016-09-28 Exhibits in case/cause filed (Petitioner)  
2016-09-27 Phone call from Clerk's Office  
2016-09-26 Amicus Curiae Letter Received  
2016-09-23 Amicus Curiae Brief received  
2016-09-21 Amicus Curiae Brief received  
2016-09-19 Amicus Curiae Brief received  
2016-08-05 Miscellaneous motion disposed. See Remarks.   Filing granted
2016-07-27 Miscellaneous Motion  
2016-07-18 Oral Argument Submission Form from Attorney received  
2016-07-18 Oral Argument Submission Form from Attorney received  
2016-07-08 Case set for oral argument   Case set for oral argument
2016-06-07 Notice from attorney regarding vacation dates  
2016-05-27 Petition for Review disposed   Filing granted
2016-05-27 Petition for Review granted
2016-05-26 Response to Amicus Curiae Brief filed (Respondent)  
2016-05-09 Amicus Curiae Brief received  
2016-05-02 Response to Amicus Curiae Brief filed (Petitioner)  
2016-04-07 Amicus Curiae Letter Received  
2016-03-15 Amicus Curiae Brief received  
2016-03-08 Amicus Curiae Letter Received  
2016-02-29 Reply Brief (Petitioner)  
2016-01-14 Motion for Extension of Time disposed.   Filing granted
2016-01-14 Motion for Extension of Time to File Brief filed  
2015-12-15 Motion for Extension of Time disposed.   Filing granted
2015-12-14 Motion for Extension of Time to File Brief filed  
2015-12-09 Brief on the Merits (Respondent)  
2015-11-03 Motion for Extension of Time to File Brief filed  
2015-11-03 Motion for Extension of Time disposed.   Filing granted
2015-10-06 Motion for Extension of Time to File Brief filed  
2015-10-06 Motion for Extension of Time disposed.   Filing granted
2015-09-18 Brief on the Merits (Petitioner)  
2015-08-11 Motion for Extension of Time to File Brief filed  
2015-08-11 Motion for Extension of Time disposed.   Filing granted
2015-07-10 Motion for Extension of Time to File Brief filed  
2015-07-10 Motion for Extension of Time disposed.   Filing granted
2015-06-24 Case Record Filed  
2015-06-23 Record Requested in Petition for Review  
2015-06-19 Brief on the Merits Requested  
2015-06-10 Amicus Curiae Letter Received  
2015-06-05 Reply to Response (Petitioner)  
2015-05-12 Motion to Extend Time to File Reply filed  
2015-05-12 MET to file reply disposed of   Filing granted
2015-04-29 Response to Petition (Respondent)  
2015-04-21 Motion for Extension of Time to File Response  
2015-04-21 Motion for Extension of Time to File Response disposed   Filing granted
2015-03-20 Motion for Extension of Time to File Response  
2015-03-20 Motion for Extension of Time to File Response disposed   Filing granted
2015-02-20 Supreme Court of Texas Requested Response  
2015-01-20 Case forwarded to Court
2015-01-14 Response Waiver filed  
2015-01-14 Amicus Curiae Brief received  
2014-12-19 Petition for Review (Petitioner)  
2014-11-17 Second Motion for Extension of Time to File Petition for Review filed  
2014-11-17 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2014-10-09 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2014-10-09 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Texas Alcoholic Beverage Commission
Atty. Gen. W. Kenneth Paxton Jr.
Ms. Robin Sanders
Mr. Joseph David 'Jody' Hughes
Ms. Judith L. Kennison
Mr. Scott A. Keller
Mr. Charles E. Roy
Respondent
Cadena Comercial USA Corp., d/b/a OXXO
Mr. Christopher Smith
Mr. Nathan Palmer
Ms. Danley K. Cornyn
Ms. Debora B. Alsup
Mr. James E. Cousar
Petitioner

Amici Curiae

Amicus Curiae Counsel
Murphy Oil USA Inc.
Kevin Dow Collins
Mr. Dale Wainwright
Texas Public Policy Foundation
Mr. Chance Dean Weldon
Center for Alcohol Policy
Ms. Lisa B. Hobbs
Ms. Harriet O'Neill
Mr. Kurt Kuhn
Wholesale Beer Distributors of Texas
Mr. Keith Strama
Mr. Jaron Hudgins
Texas Association of Business
Mr. Benjamin Wilson
Mr. Kyle Hawkins
Mr. James C. Ho
McLane Company, Inc.
Mr. Kyle Hawkins
Mr. Benjamin Wilson
Mr. James C. Ho
Beer Alliance of Texas
Mr. Mike A. Hatchell
Mr. Christopher Benjamin Dove
...
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