Supreme Court of Texas Blog

No. 18-0350
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FRANK LUCIANO AND HELENE LUCIANO v. SPRAYFOAMPOLYMERS.COM, LLC

Oral argument was held on January 8, 2020. The Court issued an opinion resolving the case on June 25, 2021. It then denied rehearing on October 4, 2019 File Closed

Opinion

June 25, 2021

Devine
Hecht
Lehrmann
Boyd
Blacklock
Busby
Bland
Huddle

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

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:03-16-00382-CV
Opinion Author:Honorable Cindy Olson Bourland

Trial Court

Trial Court:53rd District Court
County:Travis
Trial Judge:Honorable Amy Clark-Meachum
Trial Docket:D-1-GN-15-002930

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-07-30 Mandate issued  
2021-06-25 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2021-06-25 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between April 14, 2021 and June 25, 2021.  
2021-04-14 Supplemental Brief filed (Petitioner)  
2021-04-14 Supplemental Brief filed (Petitioner)  
2021-03-31 Supreme Court requests additional briefing of parties  
2021-03-31 cause reinstated to active docket  
  This case was abated between October 19, 2020 and March 31, 2021.  
2020-10-19 Call received  
2020-10-12 Call received  
  This case was abated between August 5, 2020 and October 12, 2020.  
2020-08-05 Motion to withdraw disposed of   Filing granted
2020-08-04 Motion to Withdraw Filed  
  This case was abated between February 14, 2020 and August 4, 2020.  
2020-02-14 Petition for Review disposed   Matter in Supreme Court of Texas Abated
2020-01-08 Oral argument  
2020-01-07 Call received  
2020-01-07 Oral Argument Submission Form from Attorney received  
2020-01-03 Submission Schedule
2019-12-31 Letter brief (Respondent)  
2019-12-23 Oral Argument Submission Form from Attorney received  
2019-12-23 Oral Argument Submission Form from Attorney received  
2019-12-20 Miscellaneous motion disposed. See Remarks.   Filing granted
2019-12-20 Miscellaneous motion disposed. See Remarks.   Filing granted
2019-12-12 Miscellaneous Motion  
2019-12-12 Pro hac vice motion disposed   Filing granted
2019-12-12 Amicus Curiae Brief received  
2019-12-12 Pro hac vice motion disposed   Filing granted
2019-12-12 Pro hac vice motion disposed   Filing granted
2019-12-12 Pro hac vice motion disposed   Filing granted
2019-12-12 Pro hac vice motion disposed   Filing granted
2019-12-12 Pro hac vice motion disposed   Filing granted
2019-12-12 Pro hac vice motion disposed   Filing granted
2019-12-12 Miscellaneous Motion  
2019-12-12 Pro hac vice motion disposed   Filing granted
2019-12-11 Pro hac vice motion filed  
2019-12-11 Pro hac vice motion filed  
2019-12-11 Pro hac vice motion filed  
2019-12-11 Oral Argument Submission Form from Attorney received  
2019-12-11 Pro hac vice motion filed  
2019-12-11 Pro hac vice motion filed  
2019-12-11 Pro hac vice motion filed  
2019-12-11 Pro hac vice motion filed  
2019-12-11 Pro hac vice motion filed  
2019-12-10 Amicus Curiae Brief received  
2019-12-03 Phone call from Clerk's Office  
2019-12-03 Notice of Appearance  
2019-12-03 Oral Argument Submission Form from Attorney received  
2019-11-27 Call received  
  This case was waiting for oral argument between October 4, 2019 and November 27, 2019.  
2019-10-04 Case set for oral argument   Case set for oral argument
2019-10-04 Petition for Review disposed Filing granted
2019-10-04 Motion for Rehearing - Disposed Filing granted
2019-10-04 Previous Order of the Court withdrawn  
2019-10-04 Petition Reinstated
2019-10-04 Petition for Review granted
  This case was waiting for a decision about a pending motion for rehearing between July 8, 2019 and October 4, 2019.  
2019-07-08 Response to Petition (Respondent)  
2019-06-21 Supreme Court of Texas Requested Response  
2019-05-21 Case forwarded to Court
2019-05-15 Motion for Rehearing  
2019-04-16 Response to Motion filed  
2019-04-16 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2019-04-16 Electronic communication sent to Party  
2019-04-16 Electronic communication received from Party  
2019-04-15 Motion for Extension of Time to File Motion for Rehearing  
2019-03-29 Petition for Review disposed Denied
  This case was pending on merits briefs between February 1, 2019 and March 29, 2019.  
2019-02-01 Reply Brief (Petitioner)  
2019-01-17 Brief on the Merits (Respondent)  
2018-12-28 Brief on the Merits (Petitioner)  
2018-11-27 Motion for Extension of Time disposed.   Filing granted
2018-11-26 Motion for Extension of Time to File Brief filed  
2018-10-26 Motion for Extension of Time disposed.   Filing granted
2018-10-25 Motion for Extension of Time to File Brief filed  
2018-10-18 Case Record Filed  
2018-10-02 Record Requested in Petition for Review  
2018-09-28 Brief on the Merits Requested  
2018-08-20 Surreply filed (Respondent)  
2018-08-03 Reply to Response (Petitioner)  
2018-07-24 Case forwarded to Court
2018-07-19 Response to Petition (Respondent)  
2018-06-22 Petition for Review (Petitioner)  
2018-05-21 Electronic communication received from Party  
2018-05-21 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-05-18 Second Motion for Extension of Time to File Petition for Review filed  
2018-05-18 Electronic communication sent to Party  
2018-04-18 Motion for Extension of Time to File Petition for Review disposed   Filing granted in part
2018-04-17 Clerk's Record
2018-04-17 Court reporter/recorder's record
2018-04-17 Electronic communication sent to Party  
2018-04-17 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
SprayFoamPolymers.Com, LLC
Mr. Jay R. Downs
Ms. Tara Kern
Mr. Tab H. Keener
 Respondent
Luciano, Frank
Ms. Dawn M. Smith
Mr. Jacob N. Runyon
Mr. Paul J. Downey
 Petitioner
Luciano, Helene
Ms. Dawn M. Smith
Mr. Jacob N. Runyon
Mr. Paul J. Downey
 Petitioner

Amici Curiae

Amicus Curiae Counsel
The State of Texas
Mr. Bill Davis
Ms. Lisa A. Bennett
Mr. Kyle D. Hawkins
Mr. Jeffrey C. Mateer
The Honorable Warren Kenneth Paxton
The Chamber of Commerce of the United States of America
Ms. Kathryn Cherry
Mr. Bradley G. Hubbard
Ms. Allyson Newton Ho
Ms. Lisa A. Bender
Mr. Daryl Joseffer
Mr. Jonathan D. Urick
Ms. Allison K. Turbiville
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