Supreme Court of Texas Blog

No. 22-0424
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NATHAN D. ALBERT AND CHISHOLM TRAIL REDI-MIX, LLC v. FORT WORTH & WESTERN RAILROAD COMPANY

A petition was filed on July 6, 2022. The Court requested full merits briefing on October 21, 2022. The Court issued an opinion resolving the case on February 16, 2024. A motion for rehearing was filed and has now been pending since March 4, 2024.

Opinion

February 16, 2024

Percuriam.8241154

Per Curiam OpinionView Electronic Briefs | Oral Argument N/A PDF

 

Court of Appeals

Appellate District:10th Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:10-18-00219-CV
Opinion Author:Honorable Tom W. Gray

Trial Court

Trial Court:18th District Court
County:Johnson
Trial Judge:Honorable Kenneth C. Curry
Trial Docket:DC-C201600307

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2024-04-18 Amicus Curiae Brief received  
2024-04-03 Motion for Rehearing for pet #2  
2024-03-04 Motion for Rehearing  
2024-03-01 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2024-02-29 Motion for Extension of Time to File Motion for Rehearing  
2024-02-16 Opinion issued   Court of Appeals' judgment affirm and reverse in part; remand to court of appeals
2024-02-16 Petition for Review disposed Petition granted pursuant to TRAP 59.1
2024-02-16 Petition for Review granted under TRAP 59.1
2024-02-16 Court approved judgment sent to attorneys of record Issued
  This case was pending on merits briefs between February 24, 2023 and February 16, 2024.  
2023-02-24 Reply Brief (Petitioner)  
2023-02-08 Brief on the Merits (Respondent)  
2023-01-03 Motion for Extension of Time to File Brief filed  
2023-01-03 Motion for Extension of Time disposed.   Filing granted
2022-12-21 Brief on the Merits (Petitioner)  
2022-11-14 Motion for Extension of Time disposed.   Filing granted
2022-11-11 Motion for Extension of Time to File Brief filed  
2022-10-21 Brief on the Merits Requested  
2022-09-12 Response to Petition (Respondent)  
2022-08-12 Supreme Court of Texas Requested Response  
2022-07-12 Case forwarded to Court
2022-07-07 Response Waiver filed  
2022-07-06 Petition for Review (Petitioner)  
2022-05-27 Supplement to Clerk's/Reporter's Record
2022-05-27 Supplement to Clerk's/Reporter's Record
2022-05-27 Motion for Extension of Time to File Petition for Review filed  
2022-05-27 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-05-27 Court reporter/recorder's record
2022-05-27 Clerk's Record
2022-05-27 Supplement to Clerk's/Reporter's Record
2022-05-27 Supplement to Clerk's/Reporter's Record
2022-05-27 Supplement to Clerk's/Reporter's Record

Parties

Party Counsel Role
Fort Worth & Western Railroad Company
Ms. Brittani Rollen
Mr. George C. Haratsis
Mr. Angus Earl McSwain
Mr. Stuart B. Lumpkins Jr.
Respondent
Chisholm Trail Redi-Mix, LLC
Ms. Lindy D. Jones
Ms. Laura L. Worsham
Mr. Ty J. Jones
Petitioner
Albert, Nathan D.
Ms. Lindy D. Jones
Ms. Laura L. Worsham
Mr. Ty J. Jones
Petitioner

Amicus Curiae

Amicus Curiae Counsel
BSNF Railway Co. and Union Pacific Railroad Co.
Mr. Kent G. Rutter
Mr. Allen Ryan Paulsen
 
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