Supreme Court of Texas Blog

No. 16-0644
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MERCEDES-BENZ USA, LLC, JACK L. HOLT, CRAIG W. DEARING AND FRANK J. OSWALD, JR. v. CARDUCO, INC. D/B/A CARDENAS METROPLEX

Oral argument was held on December 4, 2018. The Court issued an opinion resolving the case on February 22, 2019. It then denied rehearing on October 18, 2019 File Closed

Opinion

February 22, 2019

Devine
Hecht
Green
Guzman
Lehrmann
Boyd
Brown
Blacklock

Justice Devine delivered the opinion of the Court.View Electronic Briefs | Oral Argument | Video PDF

 

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Aff As Mod
COA Docket No.:13-13-00296-CV
Opinion Author:Honorable Rogelio Valdez

Trial Court

Trial Court:445th District Court
County:Cameron
Trial Judge:Honorable Rene E. De Coss
Trial Docket:2011-DCL-3754-I

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2019-10-18 Mandate issued  
2019-10-18 Motion for Rehearing - Disposed Denied
2019-10-18 Case Stored  
  This case was waiting for a decision about a pending motion for rehearing between August 5, 2019 and October 18, 2019.  
2019-08-05 Supplemental Letter Brief (Respondent)  
  This case was waiting for a decision about a pending motion for rehearing between May 10, 2019 and August 5, 2019.  
2019-05-10 Case forwarded to Court
2019-05-10 Motion for Rehearing  
2019-04-08 Motion for Extension of Time to File Motion for Rehearing  
2019-04-08 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2019-03-05 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2019-03-04 Motion for Extension of Time to File Motion for Rehearing  
2019-02-22 Opinion issued Issued
2019-02-22 Court approved judgment sent to attorneys of record Issued
2019-02-22 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
2019-02-01 Post submission brief filed (Petitioner)  
2018-12-17 Post submission brief filed (Petitioner)  
2018-12-10 Post submission brief filed (Respondent)  
2018-12-04 Oral argument  
2018-12-04 Oral argument  
2018-12-03 Exhibits in case/cause filed (Petitioner)  
2018-12-03 Exhibits in case/cause filed (Petitioner)  
2018-11-27 Amicus Curiae Brief received  
2018-11-06 Oral Argument Submission Form from Attorney received  
2018-10-30 Oral Argument Submission Form from Attorney received  
2018-10-30 Phone call from Clerk's Office  
2018-10-15 Letter Filed  
2018-08-31 Petition for Review granted
2018-08-31 Petition for Review granted
2018-08-31 Petition for Review disposed Filing granted
2018-08-31 Petition for Review disposed Filing granted
2018-08-31 Case set for oral argument   Case set for oral argument
2018-08-31 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between October 30, 2017 and August 31, 2018.  
2017-10-30 Reply Brief (Petitioner)  
2017-10-30 Reply Brief (Petitioner)  
2017-10-11 Motion for Extension of Time to File Brief filed  
2017-10-11 Motion for Extension of Time disposed.   Filing granted
2017-10-06 Motion for Extension of Time to File Brief filed  
2017-10-06 Motion for Extension of Time disposed.   Filing granted
2017-10-02 Motion for Extension of Time disposed.   Filing granted
2017-09-29 Brief on the Merits (Respondent)  
2017-09-28 Brief on the Merits (Respondent)  
2017-09-28 Motion for Extension of Time to File Brief filed  
2017-09-21 Motion for Extension of Time to File Brief filed  
2017-09-21 Motion for Extension of Time disposed.   Filing granted
2017-09-21 Motion for Extension of Time disposed.   Filing granted
2017-09-20 Motion for Extension of Time to File Brief filed  
2017-08-14 Motion for Extension of Time to File Brief filed  
2017-08-14 Motion for Extension of Time disposed.   Filing granted
2017-08-11 Motion for Extension of Time to File Brief filed  
2017-08-11 Motion for Extension of Time disposed.   Filing granted
2017-08-02 Brief on the Merits  
2017-08-02 Brief on the Merits  
2017-07-06 Case Record Filed  
2017-06-26 Motion for Extension of Time to File Brief filed  
2017-06-26 Motion for Extension of Time disposed.   Filing granted
2017-06-22 Letter sent to parties from Supreme Court - See Remarks  
2017-06-16 Motion for Extension of Time disposed.   Filing granted
2017-06-16 Motion for Extension of Time to File Brief filed  
2017-06-05 Record Requested in Petition for Review  
2017-06-02 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between April 6, 2017 and June 2, 2017.  
2017-04-06 Reply to Response (Petitioner)  
2017-03-27 Reply to Response  
2017-03-22 Response to Petition (Respondent)  
2017-03-17 Notice from Counsel of a change in address  
2017-03-09 Motion to Extend Time to File Reply filed  
2017-03-09 Motion for Extension of Time to File Response disposed   Filing granted
2017-03-09 Motion for Extension of Time to File Response  
2017-03-09 MET to file reply disposed of   Filing granted
2017-02-24 Response to Petition (Respondent)  
2017-02-10 Motion for Extension of Time to File Response disposed   Filing granted
2017-02-10 Motion for Extension of Time to File Response  
2017-02-07 Motion for Extension of Time to File Response disposed   Filing granted
2017-02-07 Motion for Extension of Time to File Response  
2017-01-19 Notice from Counsel of a change in address  
2017-01-19 Amicus Curiae Brief received  
2017-01-13 Supreme Court of Texas Requested Response  
2016-12-13 Case forwarded to Court
2016-12-13 Case forwarded to Court
2016-11-17 Designation of Lead Counsel  
2016-11-08 Petition for Review #2 (Petitioner)  
2016-10-26 Third Motion for Extension of Time to File Petition for Review filed  
2016-10-26 Third Motion for Extension of Time to File Petition for Review disposed   Filing granted
2016-10-18 Second Motion for Extension of Time to File Petition for Review filed  
2016-10-18 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2016-10-12 Petition for Review (Petitioner)  
2016-08-25 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2016-08-25 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2016-08-24 Motion for Extension of Time to File Petition for Review #2 filed  
2016-08-24 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Carduco, Inc.
Mr. Peter D. Marketos
Mr. Wallace B. Jefferson
Ms. Susan S. Vance
Mr. Don W. Cruse Jr.
Ms. Alexandra W. Albright
Mr. Douglas W. Alexander
Ms. Leslie R. Chaggaris
Ms. Kirsten M. Castañeda
Ms. LaDawn Horn Nandrasy
 Respondent
Mercedes-Benz USA, LLC
Mr. Joseph R. Knight
Mr. Edward Michael Rodriguez
Mr. Eduardo Roberto Rodriguez
Mr. Dale Wainwright
Mr. Matthew J. Kemner
Mr. Merritt Nathaniel Spencer
Mr. Thomas R. Phillips
Mr. John Alex Huddleston
 Petitioner
Oswald, Junior, Frank J.
Mr. Joseph R. Knight
Mr. Dale Wainwright
Mr. Thomas R. Phillips
Mr. Matthew J. Kemner
 Petitioner
Holt, Jack L.
Mr. Joseph R. Knight
Mr. Eduardo Roberto Rodriguez
Mr. Edward Michael Rodriguez
Mr. Dale Wainwright
Mr. Thomas R. Phillips
Mr. Merritt Nathaniel Spencer
Mr. John Alex Huddleston
Mr. Matthew J. Kemner
 Petitioner
Dearing, Craig W.
Mr. Edward Michael Rodriguez
Mr. Thomas R. Phillips
 Petitioner

Amici Curiae

Amicus Curiae Counsel
Community Management, LLC
Mr. David F. Johnson
Texas Automobile Dealers Association
Ms. Karen Phillips
Texas Motorcycle Dealers Association
Ms. Karen Phillips
Texas Recreational Vehicle Association
Ms. Karen Phillips
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