Supreme Court of Texas Blog

No. 12-0518
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IN RE NESTLE USA, INC.

Oral argument was held on September 18, 2012. The Court issued an opinion resolving the case on October 19, 2012. It then denied rehearing on December 14, 2012 File Closed

In the news...

Tracking 10 articles about this case.

December 16, 2012

Property owner testimony about value; five new grants [Dec. 14, 2012]

from SCOTXblog

This article also mentions 8 other cases.

The Court has issued opinions:

December 14, 2012

The Texas Supreme Court today declined to review a use tax case or to reconsider its opinion in a franchise tax case

from Texas State and Local Tax Law Blog

The article also mentions:
  • CHAPAL ZENRAY, INC. v. SUSAN COMBS, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS AND GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS
  • November 14, 2012

    How the Texas Supreme Court saved the margin tax by finding it constitutional (again)

    from Texas State and Local Tax Law Blog

    October 19, 2012

    SCOTX rejects a constitutional challenge to the Texas franchise-tax system [Oct. 19, 2012]

    from SCOTXblog

    The article also mentions:
  • IN RE ALLCAT CLAIMS SERVICE, L.P. AND JOHN WEAKLY
  • October 19, 2012

    Texas Supreme Court Says the Margin Tax is Constitutional, again

    from Texas Society of CPAs

    October 19, 2012

    Texas High Court Rejects Challenge to Franchise Tax

    from Texas Tribune

    September 14, 2012

    Quiet orders today [Sep. 14, 2012]

    from SCOTXblog

    September 3, 2012

    Cases in the news [Sep. 3, 2012]

    from SCOTXblog

    This article also mentions 7 other cases.

    August 24, 2012

    Two new cases selected for argument; no opinions today [Aug. 24, 2012]

    from SCOTXblog

    The article also mentions:
  • EWING CONSTRUCTION COMPANY, INCORPORATED v. AMERISURE INSURANCE COMPANY
  • July 13, 2012

    Nestle II: Revisiting the Texas business-margins tax

    from SCOTXblog

    The article also mentions:
  • IN RE ALLCAT CLAIMS SERVICE, L.P. AND JOHN WEAKLY
  • IN RE NESTLE USA, INC., SWITCHPLACE, LLC, AND NSBMA, LP
  • Opinions

    October 19, 2012

    Hecht
    Jefferson
    Medina
    Green
    Johnson
    Guzman

    Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Medina, Justice Green, Justice Johnson, and Justice Guzman joined. PDF

    Willett
    Lehrmann

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

     

    Court of Appeals

    None

    Trial Court

    None

    Docket Entries

    Date Event Outcome  
    2014-05-19 Case Stored - stored case location updated  
    2013-01-16 Case Stored  
    2012-12-14 Certified cys of cost bill sent to attys of record  
    2012-12-14 Motion for Rehearing - Disposed Denied with Justice not sitting.
    2012-11-05 Motion for Rehearing  
    2012-11-05 Case forwarded to Court
    2012-10-19 Dissenting opinion issued. Issued
    2012-10-19 Opinion issued Denied
    2012-10-04 Post submission brief filed (Relator)  
    2012-09-28 Post submission brief filed (Real Parties in Interest)  
    2012-09-18 Oral argument  
    2012-09-17 Amicus Curiae Brief received  
    2012-09-12 Oral Argument Submission Form from Attorney received  
    2012-09-11 Miscellaneous motion disposed. See Remarks.   Filing granted
    2012-09-11 Phone call from Clerk's Office  
    2012-09-05 Miscellaneous Motion  
    2012-09-05 Amicus Curiae Brief received  
    2012-08-29 Oral Argument Submission Form from Attorney received  
    2012-08-29 Oral Argument Submission Form from Attorney received  
    2012-08-24 Petition for Writ of Mandamus disposed Case set for oral argument
    2012-08-24 Mandamus Set to Argue
    2012-08-24 Case set for oral argument   Case set for oral argument
    2012-08-23 Reply Brief (Petitioner)  
    2012-08-16 Brief on the Merits (Real Parties in Interest)  
    2012-07-26 Brief on the Merits (Relator)  
    2012-07-05 Brief on the Merits Requested  
    2012-07-05 Phone call from Clerk's Office  
    2012-07-03 Notice from attorney regarding vacation dates  
    2012-07-03 Response to Petition for Writ of Mandamus Filed (Real Parties in Interest)  
    2012-06-29 Notice from attorney regarding vacation dates  
    2012-06-26 Designation of Lead Counsel  
    2012-06-26 Phone call from Clerk's Office  
    2012-06-26 Supreme Court of Texas Requested Response  
    2012-06-25 Petition for Writ of Mandamus (Relator)  

    Parties

    Party Counsel Role
    Susan Combs, Texas Comptroller of Public Accounts
    Mr. Kevin D. Van Oort
    Mr. Rance L. Craft
    Attorney General Greg W. Abbott
    Real Party In Interest
    Nestle USA, Inc.
    Ms. Jennifer Patterson Rabb
    Mr. Peter Nolan
    Ms. Anna Windsor Kana
    Relator

    Amici Curiae

    Amicus Curiae Counsel
    National Federation of Independent Business Small Business Legal Center
    Mr. Scott A. Keller
    Texas Association of Manufacturers
    Mr. Keith Strama
     
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