Supreme Court of Texas Blog

No. 20-0881
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HELENA CHEMICAL COMPANY v. ROBERT COX, ET AL.

Oral argument was held on October 26, 2022. The Court issued an opinion resolving the case on March 3, 2023. It then denied rehearing on May 5, 2023 File Closed

Opinion

March 3, 2023

Blacklock
Hecht
Lehrmann
Boyd
Devine
Busby
Bland
Huddle

Justice Blacklock delivered the opinion of the Court. PDF

 

Court of Appeals

Appellate District:11th Court of Appeals
Outcome Below:Aff/Pt and Rev & Rem/Pt
COA Docket No.:11-18-00215-CV
Opinion Author:Honorable Jim Wright

Trial Court

Trial Court:32nd District Court
County:Mitchell
Trial Judge:Honorable Alvin Walvoord
Trial Docket:16643

Docket Entries

Date Event Outcome  
2023-05-05 Motion for Rehearing - Disposed   Denied with Justice not sitting.
2023-05-05 Mandate issued  
2023-03-20 Motion for Rehearing  
2023-03-20 Case forwarded to Court
2023-03-03 Opinion issued   Court affirms in part, reverses in part and renders court of appeals' judgment
2023-03-03 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between November 7, 2022 and March 3, 2023.  
2022-11-07 Post submission brief filed (Petitioner)  
2022-11-03 Post submission brief filed (Respondent)  
2022-11-03 Call received  
2022-10-26 Oral argument  
2022-10-24 Amicus Curiae Brief received  
2022-10-20 Oral Argument Submission Form from Attorney received  
2022-10-18 Call received  
2022-10-14 Motion to Argue disposed   Filing granted
2022-10-10 Amicus Curiae Brief received  
2022-10-10 Call received  
2022-10-06 Amicus Curiae Brief received  
2022-10-06 Miscellaneous Motion  
  This case was waiting for oral argument between August 3, 2022 and October 6, 2022.  
2022-08-03 Oral Argument Submission Form from Attorney received  
2022-07-27 Oral Argument Submission Form from Attorney received  
2022-06-24 Case set for oral argument   Case set for oral argument
2022-05-27 Petition for Review disposed Filing granted
2022-05-27 Petition for Review granted
  This case was pending on merits briefs between March 9, 2022 and May 27, 2022.  
2022-03-09 Reply Brief (Petitioner)  
2022-03-09 Amicus Curiae Brief received  
2022-01-25 Motion for Extension of Time to File Brief filed  
2022-01-25 Motion for Extension of Time disposed.   Filing granted
2021-12-28 Motion for Extension of Time to File Brief filed  
2021-12-28 Motion for Extension of Time disposed.   Filing granted
2021-12-23 Brief on the Merits (Respondent)  
2021-12-03 Brief on the Merits (Petitioner)  
2021-12-03 Amicus Curiae Brief received  
2021-10-18 Motion for Extension of Time disposed.   Filing granted
2021-10-18 Motion for Extension of Time to File Brief filed  
2021-09-21 Motion for Extension of Time to File Brief filed  
2021-09-21 Motion for Extension of Time disposed.   Filing granted
2021-09-03 Brief on the Merits Requested  
2021-08-31 Response to Amicus Curiae Brief filed (Respondent)  
2021-08-20 Amicus Curiae Brief received  
2021-07-30 Reply to Response to Petition filed (Petitioner)  
2021-06-14 Motion to Extend Time to File Reply filed  
2021-06-14 MET to file reply disposed of   Filing granted
2021-05-26 MET to file reply disposed of   Filing granted
2021-05-25 Motion to Extend Time to File Reply filed  
2021-05-14 Response to Petition (Respondent)  
2021-04-15 Motion for Extension of Time to File Response  
2021-04-15 Motion for Extension of Time to File Response disposed   Filing granted
2021-03-26 Supreme Court of Texas Requested Response  
2021-02-23 Case forwarded to Court
2021-02-22 Response Waiver filed  
2021-01-29 Petition for Review (Petitioner)  
  This case was waiting for the parties to file a formal petition between December 2, 2020 and January 29, 2021.  
2020-12-02 Second Motion for Extension of Time to File Petition for Review filed  
2020-12-02 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-11-04 Court reporter/recorder's record
2020-11-04 Clerk's Record
2020-11-04 Supplement to Clerk's/Reporter's Record
2020-11-04 Court reporter/recorder's record
2020-11-04 Motion for Extension of Time to File Petition for Review filed  
2020-11-04 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Hoyle & Hoyle
Mr. Don Burns
Mr. Cody McCabe
Respondent
Erwin, Russell
Mr. Cody McCabe
Mr. Don Burns
Respondent
Price, Tyson
Mr. Don Burns
Mr. Cody McCabe
Respondent
James Cox Trust
Mr. Cody McCabe
Mr. Don Burns
Respondent
Helena Chemical Company
Ms. Amanda N. Crouch
Ms. Jennifer Caughey
Ms. Danica Lynn Milios
Mr. Robert L. Soza
Mr. Stephen Calhoun
Petitioner
Ainsworth, Jack
Mr. Don Burns
Mr. Cody McCabe
Respondent
Cox, Robert
Mr. Cody McCabe
Mr. Don Burns
Respondent
Stubblefield, David
Mr. Cody McCabe
Mr. Don Burns
Respondent
Rees, Loren
Mr. Cody McCabe
Mr. Don Burns
Respondent
Cox Farms
Mr. Cody McCabe
Mr. Don Burns
Respondent
Wallis, Brooks
Mr. Don Burns
Mr. Cody McCabe
Respondent
Rushell Farms
Mr. Don Burns
Mr. Cody McCabe
Respondent
Cox, Tanner
Mr. Cody McCabe
Mr. Don Burns
Respondent

Amici Curiae

Amicus Curiae Counsel
American Property Casualty Insurance Association
Ms. Kinsey Lakey
Mr. Geffrey William Anderson
High Plains Wine and Food Foundation
Mr. Marc S. Tabolsky
Chamber of Commerce of the United States of America
Mr. Aaron M. Streett
Texas Wine and Grape Grower Association
Mr. Derek Lee Montgomery
Ms. Elizabeth Geary-Hill
Texas Ag Industries Association
Honorable Douglas S. Lang
Southern Crop Production Association
Honorable Douglas S. Lang
CropLife America
Honorable Douglas S. Lang
National Agricultural Aviation Association
Honorable Douglas S. Lang
Agricultural Retailers Association
Honorable Douglas S. Lang
Texas Agricultural Aviation Association
Honorable Douglas S. Lang
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