Supreme Court of Texas Blog

No. 19-0835
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NORTHLAND INDUSTRIES, INC., D/B/A MAGNUM FITNESS , JHTNA MANUFACTURING, L.L.C., AND JOHSNON HEALTH TECH NORTH AMERICA, INC. v. GILBERT KOUBA, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF AUDREY KOUBA, KAREN WILLIAMS AND CURTIS KOUBA

Oral argument was held on October 7, 2020. The Court issued an opinion resolving the case on October 23, 2020. It then denied rehearing on January 22, 2021 File Closed

Opinion

October 23, 2020

Guzman
Hecht
Lehrmann
Boyd
Devine
Blacklock
Busby

Justice Guzman delivered the opinion of the Court. PDF

 

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Aff/Pt and Rev & Rem/Pt
COA Docket No.:01-18-00252-CV
Opinion Author:Honorable Gordon Goodman

Trial Court

Trial Court:25th District Court
County:Colorado
Trial Judge:Honorable William D. Old
Trial Docket:241329-A

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-01-22 Mandate issued  
2021-01-22 Motion for Rehearing - Disposed   Denied with Justice not sitting.
  This case was waiting for a decision about a pending motion for rehearing between November 24, 2020 and January 22, 2021.  
2020-11-24 Motion for Rehearing  
2020-11-24 Case forwarded to Court
2020-11-09 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2020-11-06 Motion for Extension of Time to File Motion for Rehearing  
2020-10-23 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
2020-10-23 Court approved judgment sent to attorneys of record Issued
2020-10-19 Post submission brief filed (Respondent)  
2020-10-07 Oral argument  
2020-09-28 Submission Schedule
2020-09-17 Letter sent to parties from Supreme Court - See Remarks  
2020-09-16 Oral Argument Submission Form from Attorney received  
2020-08-21 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between June 26, 2020 and August 21, 2020.  
2020-06-26 Case set for oral argument   Case set for oral argument
2020-06-19 Petition for Review disposed   Filing granted
2020-06-19 Petition for Review granted
2020-06-19 Supreme Court of Texas Orders Issued
2020-05-19 Reply Brief (Petitioner)  
2020-05-04 Brief on the Merits (Respondent)  
2020-04-09 Brief on the Merits (Petitioner)  
2020-03-26 Sealed document filed in case  
2020-03-23 Record Requested in Petition for Review  
2020-03-20 Call received  
2020-03-13 Brief on the Merits Requested  
2020-01-29 Reply to Response (Petitioner)  
2020-01-17 MET to file reply disposed of   Filing granted
2020-01-17 Motion to Extend Time to File Reply filed  
2020-01-07 Case forwarded to Court
2020-01-06 Response to Petition (Respondent)  
2019-11-25 Motion for Extension of Time to File Response disposed   Filing granted
2019-11-25 Motion for Extension of Time to File Response  
2019-11-13 Call received  
2019-10-28 Sealed document filed in case  
2019-10-25 Call received  
2019-10-25 Petition for Review (Petitioner)  
2019-10-24 Miscellaneous motion disposed. See Remarks.   Filing granted
2019-10-23 Miscellaneous Motion  
2019-09-18 Clerk's Record
2019-09-18 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-09-18 Clerk's Record
2019-09-18 Court reporter/recorder's record
2019-09-18 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Northland Industries, Inc. d/b/a Magnum Fitness
Ms. Patricia Kay Dube
Ms. Marcie L. Schout
Mr. James H. Moody III
 Petitioner
Johnson Health Tech North America, Inc
Ms. Marcie L. Schout
Mr. James H. Moody III
 Petitioner
JHTNA Manufacturing, L.L.C.
Mr. James H. Moody III
Ms. Marcie L. Schout
 Petitioner
Kouba, Curtis
Leland M. Irwin
 Respondent
Williams, Karen
Leland M. Irwin
 Respondent
Gilbert Kouba, Individually and as Representative of the Estate of Audrey Kouba
Leland M. Irwin
 Respondent
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