Supreme Court of Texas Blog

No. 19-1022
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IN RE K & L AUTO CRUSHERS, LLC AND THOMAS GOTHARD, JR.

A mandamus petition was filed on November 15, 2019. Oral argument was held on January 5, 2021. The Court issued an opinion resolving the case on May 28, 2021.

Opinions

May 28, 2021

Boyd
Hecht
Guzman
Lehrmann
Devine
Blacklock
Busby

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

Huddle
Guzman
Bland

Justice Huddle delivered a concurring opinion, in which Justice Bland joined, and Justice Guzman joined as to parts II(A) and III.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Denied
COA Docket No.:05-19-01061-CV
Opinion Author:Honorable William Norman Pedersen

Trial Court

Trial Court:160th District Court
County:Dallas
Trial Judge:Honorable James R. Jordan
Trial Docket:DC-18-07502

Entries on SCOTX Orders Lists

Upcoming

Date Event  
2021-06-29 Motion for rehearing due to be filed.

Docket Entries

Date Event Outcome  
2021-06-15 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2021-06-14 Motion for Extension of Time to File Motion for Rehearing  
2021-06-11 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2021-06-10 Motion for Extension of Time to File Motion for Rehearing  
2021-05-28 Stay Order lifted  
2021-05-28 Opinion issued   Writ of Mandamus conditionally granted
2021-05-28 Concurring Opinion issued.   Issued
  This case was awaiting the Court's decision after oral argument between February 10, 2021 and May 28, 2021.  
2021-02-10 Amicus Curiae Brief received  
2021-01-29 Amicus Curiae Brief received  
2021-01-05 Oral argument  
2020-12-31 Letter Filed  
2020-12-30 Amicus Curiae Brief received  
2020-12-30 Amicus Curiae Brief received  
2020-12-30 Submission Schedule
2020-12-27 Amicus Curiae Brief received  
2020-12-23 Amicus Curiae Brief received  
2020-12-23 Amicus Curiae Brief received  
2020-12-14 Amicus Curiae Brief received  
2020-12-09 Amicus Curiae Brief received  
2020-12-09 Oral Argument Submission Form from Attorney received  
2020-12-09 Letter sent to parties from Supreme Court - See Remarks  
2020-12-04 Oral Argument Submission Form from Attorney received  
2020-11-11 Oral Argument Submission Form from Attorney received  
2020-10-02 Petition for Writ of Mandamus disposed Case set for oral argument
2020-10-02 Mandamus Set to Argue
2020-10-02 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between August 10, 2020 and October 2, 2020.  
2020-08-10 Reply Brief (Relator)  
2020-07-27 Motion for Extension of Time disposed.   Filing granted
2020-07-24 Brief on the Merits (Real Parties in Interest)  
2020-07-24 Motion for Extension of Time to File Brief filed  
2020-06-26 Motion for Extension of Time disposed.   Filing granted
2020-06-23 Motion for Extension of Time filed  
2020-06-22 Brief on the Merits (Real Parties in Interest)  
2020-06-16 Notice from attorney regarding vacation dates  
2020-06-03 Brief on the Merits (Relator)  
2020-04-23 Motion for Extension of Time to File Brief filed  
2020-04-23 Motion for Extension of Time disposed.   Filing granted
2020-04-03 Brief on the Merits Requested  
2020-04-03 Motion to Stay Disposed   Filing granted
2020-04-03 Stay Order issued
2020-03-24 Reply to Response (Relator)  
2020-03-24 Motion to Stay Filed  
2020-03-11 Response to Petition for Writ of Mandamus Filed (Real Parties in Interest)  
2020-03-03 Motion to withdraw disposed of   Filing granted
2020-02-28 Motion to Withdraw Filed  
2020-02-25 Letter Received  
2020-02-11 Motion for Extension of Time to File Response disposed   Filing granted
2020-02-10 Response to Petition (Respondent)  
2020-02-10 Motion for Extension of Time to File Response  
2020-01-10 Supreme Court of Texas Requested Response  
2019-12-05 Amicus Curiae Brief received  
2019-12-03 Response Waiver filed  
2019-12-03 Notice from attorney regarding vacation dates  
2019-11-26 Case forwarded to Court
2019-11-20 Supplement to Clerk's/Reporter's Record  
2019-11-19 Call received  
2019-11-18 Response Waiver filed  
2019-11-18 Court reporter/recorder's record
2019-11-18 Case Record Filed  
2019-11-15 Petition for Writ of Mandamus filed (Relator)  

Parties

Party Counsel Role
Kevin Walker and Latunija Johnson
Ms. Amy Witherite
Mr. J. Martin Futrell
Ms. Rosalyn Renee Tippett
Real Party In Interest
Saint Camillus Medical Center, Dr. Andrew Indresano, and Pine Creek Medical Center
Mr. Christopher M. McDowell
Ms. Morgan A. McPheeters
Real Party In Interest
K&L Auto Crushers, LLC and Thomas Gothard, Jr.
Ms. Elizabeth Lee Thompson
Mr. William H. Chamblee
Mr. Wade C. Crosnoe
Mr. Weston Hall
Relator

Amici Curiae

Amicus Curiae Counsel
Chamber of Commerce of the United States of America
Ms. Amanda Garrett Taylor
The Honorable Scott K. Field
American Tort Reform Association
The Honorable Scott K. Field
Ms. Amanda Garrett Taylor
Texans for Lawsuit Reform
The Honorable Scott K. Field
Ms. Amanda Garrett Taylor
Research and Planning Consultants, L.P.
Mr. P. M. Schenkkan
Mr. Matthew B. Baumgartner
Texas Trial Lawyers Association
Mr. Jim M. Perdue Jr.
Mr. Matthew J. Kita
Kelly Cook
Advanced Diagnostics Health System, LLC
Ms. Jillian Schumacher
Ellen Peeples
Texas Hospital Association
Mr. Stephen Gregory Wohleb
Mr. Cesar J. Lopez
Texas Medical Association
Ms. Laura Thetford
Ms. Kelly M. Walla
Mr. Donald P. Wilcox
American Property Casualty Insurance Association
Ms. Sara B. Churchin
Ms. Melissa A. Lorber
Texas Orthopaedic Association
Ms. Andrea Schwab
State Farm Mutual Automobile Insurance Company
Ms. Sara B. Churchin
Ms. Melissa A. Lorber
Tri-City Pain Associates, P.A.
Adriaan Tieleman Jansse
Texas Civil Justice League
Mr. George Scott Christian
Texas Association of Defense Counsel
Mr. Henry John Paoli
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