Supreme Court of Texas Blog

No. 22-0878
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MYERS-WOODWARD, LLC v. UNDERGROUND SERVICES MARKHAM, LLC AND UNITED BRINE PIPELINE COMPANY, LLC

Oral argument was held on October 29, 2024. The Court issued an opinion resolving the case on May 16, 2025. File Closed

Opinion

May 16, 2025

Blacklock
Lehrmann
Boyd
Devine
Busby
Bland
Huddle
Young
Sullivan

Chief Justice Blacklock delivered the opinion of the Court.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Aff/Rev & Rend/Rev & Rem
COA Docket No.:13-20-00172-CV
Opinion Author:Honorable Jaime Eduardo Tijerina

Trial Court

Trial Court:130th District Court
County:Matagorda
Trial Judge:Honorable Denise Fortenberry
Trial Docket:13-E-0218

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2025-08-05 Mandate issued  
  This case was waiting for a possible rehearing motion between May 30, 2025 and August 5, 2025.  
2025-05-30 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2025-05-29 Motion for Extension of Time to File Motion for Rehearing  
2025-05-16 Court approved judgment sent to attorneys of record Issued
2025-05-16 Opinion issued   Court affirms in part and reverses in part CA judgment and remands to trial court
2025-05-16 Opinion issued   Issued
  This case was awaiting the Court's decision after oral argument between November 14, 2024 and May 16, 2025.  
2024-11-14 Amicus Curiae Letter Received  
2024-11-13 Letter Filed  
2024-11-06 Post submission brief filed (Respondent)  
2024-10-29 Oral argument  
2024-10-29 Oral argument  
2024-10-21 Amicus Curiae Brief received  
2024-10-07 Oral Argument Submission Form from Attorney received  
2024-10-07 Oral Argument Submission Form from Attorney received  
2024-08-30 Case set for oral argument   Case set for oral argument
2024-08-30 Petition for Review disposed Filing granted
2024-08-30 Petition for Review disposed Filing granted
2024-08-30 Petition for Review granted
2024-08-30 Petition for Review granted
2024-08-30 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between June 5, 2024 and August 30, 2024.  
2024-06-05 Reply Brief (Petitioner)  
2024-06-05 Reply Brief (Petitioner)  
2024-04-23 Motion for Extension of Time to File Brief filed  
2024-04-23 Motion for Extension of Time disposed.   Filing granted
2024-04-02 Motion for Extension of Time disposed.   Filing granted
2024-04-01 Motion for Extension of Time to File Brief filed  
2024-03-21 Brief on the Merits (Respondent)  
2024-03-19 Brief on the Merits (Respondent)  
2024-02-13 Motion for Extension of Time disposed.   Filing granted
2024-02-13 Motion for Extension of Time to File Brief filed  
2024-01-12 Motion for Extension of Time disposed.   Filing granted
2024-01-12 Motion for Extension of Time to File Brief filed  
2023-12-29 Brief on the Merits (Petitioner)  
2023-12-29 Brief on the Merits (Petitioner)  
2023-11-22 Motion for Extension of Time disposed.   Filing granted
2023-11-21 Motion for Extension of Time to File Brief filed  
2023-10-26 Motion for Extension of Time disposed.   Filing granted
2023-10-25 Motion for Extension of Time to File Brief filed  
2023-09-29 Brief on the Merits Requested  
2023-08-30 Reply to Response to Petition filed (Petitioner)  
2023-08-11 Motion to Extend Time to File Reply filed  
2023-08-11 MET to file reply disposed of   Filing granted
2023-07-14 Reply to Response to Petition filed (Petitioner)  
2023-07-13 MET to file reply disposed of   Filing granted
2023-07-13 Motion to Extend Time to File Reply filed  
2023-06-30 Response to Petition (Respondent)  
2023-06-30 Response to Petition (Respondent)  
2023-06-07 Motion for Extension of Time to File Response disposed   Filing granted
2023-05-30 Call received  
2023-05-26 Motion for Extension of Time to File Response  
2023-04-21 Motion for Extension of Time to File Response disposed   Filing granted
2023-04-21 Motion for Extension of Time to File Response  
2023-03-31 Supreme Court of Texas Requested Response  
2023-02-28 Case forwarded to Court
2023-02-28 Case forwarded to Court
2023-02-10 Response Waiver filed  
2023-01-20 Petition for Review #2 (Petitioner)  
2023-01-20 Petition for Review (Petitioner)  
2023-01-19 Pro hac vice motion disposed   Filing granted
2023-01-19 Call received  
2023-01-19 Pro hac vice motion disposed   Filing granted
2023-01-18 Pro hac vice motion disposed   Filing granted
2023-01-18 Pro hac vice motion disposed   Filing granted
2023-01-18 Pro hac vice motion filed  
2023-01-18 Pro hac vice motion filed  
2023-01-18 Pro hac vice motion filed  
2023-01-18 Pro hac vice motion filed  
2023-01-18 Pro hac vice motion disposed   Filing granted
2023-01-18 Pro hac vice motion filed  
2023-01-18 Pro hac vice motion disposed   Filing granted
2023-01-18 Pro hac vice motion filed  
2022-12-15 Third Motion for Extension of Time to File Petition for Review filed  
2022-12-15 Third Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-11-04 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-11-03 Second Motion for Extension of Time to File Petition for Review filed  
2022-10-05 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-10-04 Supplement to Clerk's/Reporter's Record
2022-10-04 Supplement to Clerk's/Reporter's Record
2022-10-04 Court reporter/recorder's record
2022-10-04 Motion for Extension of Time to File Petition for Review filed  
2022-10-04 Court reporter/recorder's record
2022-10-04 Clerk's Record

Parties

Party Counsel Role
Underground Services Markham, LLC
Ms. Rachel A. Ekery
Mr. Peter L. Hilbert
Mr. Stuart D. Kottle
Mr. Wallace B. Jefferson
Ms. Harriet O'Neill
Mr. Thomas J. Madigan II
Mr. Thomas A. Zabel
Ms. Pamela Marie McCarty Dupuis
Mr. James M. Garner
Ms. Audrey Vicknair
Ms. Nancy Hahn Elliott
Respondent
Myers-Woodward, LLC
Mr. Lee S. Gill
Mr. Byron C. Keeling
Ms. Anna Fredrickson
Mr. Ross A. Sears II
Petitioner
United Brine Pipeline Company, LLC
Ms. Rachel A. Ekery
Mr. Stuart D. Kottle
Mr. Peter L. Hilbert
Mr. Wallace B. Jefferson
Ms. Harriet O'Neill
Mr. Thomas J. Madigan II
Mr. James M. Garner
Ms. Pamela Marie McCarty Dupuis
Ms. Nancy Hahn Elliott
Ms. Audrey Vicknair
Darnell Bludworth
Mr. Thomas A. Zabel
Respondent

Amici Curiae

Amicus Curiae Counsel
Greissing, Christopher
Mr. Christopher Greissing
Underground Services Markham, LLC
Mr. Aaron McLeod
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