Supreme Court of Texas Blog

No. 18-0386
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Oral argument was held on September 26, 2019. The Court issued an opinion resolving the case on February 21, 2020. File Closed


February 21, 2020


Justice Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Guzman, Justice Lehrmann, Justice Boyd, and Justice Busby joined. PDF


Justice Blacklock delivered a dissenting opinion, in which Justice Green and Justice Bland joined.View Electronic Briefs | Oral Argument PDF


Court of Appeals

Appellate District:4th Court of Appeals
Outcome Below:Aff/Pt and Rev & Rem/Pt
COA Docket No.:04-16-00828-CV
Opinion Author:Honorable Rebeca C. Martinez

Trial Court

Trial Court:216th District Court
Trial Judge:Honorable Norman Keith Williams
Trial Docket:16416A

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2020-03-26 Mandate issued  
2020-02-21 Opinion issued   Court of appeals' judgment affirmed
2020-02-21 Dissenting opinion issued.   Issued
2020-02-21 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between November 12, 2019 and February 21, 2020.  
2019-11-12 Amicus Curiae Letter Received  
2019-09-27 Post submission brief filed (Petitioner)  
2019-09-26 Oral argument  
2019-09-25 Amicus Curiae Letter Received  
2019-09-20 Submission Schedule
2019-09-17 Amicus Curiae Letter Received  
2019-08-29 Oral Argument Submission Form from Attorney received  
2019-08-22 Amicus Curiae Brief received  
2019-07-10 Oral Argument Submission Form from Attorney received  
2019-06-28 Petition for Review disposed Filing granted
2019-06-28 Case set for oral argument   Case set for oral argument
2019-06-28 Petition for Review granted
  This case was pending on merits briefs between February 4, 2019 and June 28, 2019.  
2019-02-04 Reply Brief (Petitioner)  
2018-12-21 Motion for Extension of Time to File Brief filed  
2018-12-21 Motion for Extension of Time disposed.   Filing granted
2018-12-19 Brief on the Merits (Respondent)  
2018-11-16 Motion for Extension of Time to File Brief filed  
2018-11-16 Motion for Extension of Time disposed.   Filing granted
2018-10-29 Brief on the Merits (Petitioner)  
2018-10-09 Case Record Filed  
2018-10-02 Record Requested in Petition for Review  
2018-09-28 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between August 6, 2018 and September 28, 2018.  
2018-08-06 Response to Petition (Respondent)  
2018-07-06 Supreme Court of Texas Requested Response  
2018-06-05 Case forwarded to Court
2018-04-30 Court reporter/recorder's record
2018-04-30 Clerk's Record
2018-04-30 Petition for Review (Petitioner)  


Party Counsel Role
Gray, Guy James
Ms. Kimberly Gustafson Bueno
Ms. Jane M. N. Webre
Skelton, Patricia
Mr. Ryan C. Reed
Mr. Matthew J. McGowan
Ms. Leslie S. Hyman
Ms. Sarah Jackson Donahue

Amici Curiae

Amicus Curiae Counsel
Wilson, Richard
Mr. Richard Gardner Wilson
Johnston, Coyt Randal
Mr. Coyt (Randy) R. Johnston
The Texas Public Policy Foundation
Mr. Robert Earl Henneke
Boatright, Jason E.
The Honorable Jason Everett Boatright