Supreme Court of Texas Blog

No. 22-1143
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HENRY S. MILLER COMMERCIAL COMPANY v. NEWSOM, TERRY & NEWSOM, LLP AND STEVEN K. TERRY

Oral argument was held on October 3, 2024. The Court issued an opinion resolving the case on December 31, 2024. It then denied rehearing on April 4, 2025 File Closed

Opinions

December 31, 2024

Hecht
Boyd
Devine
Blacklock
Busby
Bland
Huddle
Young

Chief Justice Hecht delivered the opinion of the Court, in which Justice Boyd, Justice Devine, Justice Blacklock, Justice Busby, Justice Huddle, and Justice Young joined, and in which Justice Bland joined except as to Part III(A). PDF

Bland

Justice Bland filed an opinion concurring in part and dissenting in part. PDF

Young
Bland

Justice Young filed a concurring opinion, in which Justice Bland joined. PDF

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:05-20-00379-CV
Opinion Author:Honorable Amanda Lea Reichek

Trial Court

Trial Court:134th District Court
County:Dallas
Trial Judge:Honorable Dale B. Tillery
Trial Docket:DC-09-01306-G

Docket Entries

Date Event Outcome  
2025-04-04 Motion for Rehearing - Disposed   Denied with Justice not sitting.
2025-03-25 Amicus Curiae Letter Received  
2025-02-18 Case forwarded to Court
2025-02-18 Response Waiver filed  
2025-02-14 Motion for Rehearing  
2025-01-14 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2025-01-13 Motion for Extension of Time to File Motion for Rehearing  
2024-12-31 Opinion issued   Issued
2024-12-31 Opinion issued   Court affirms in part and reverses in part CA judgment and remands to trial court
2024-12-31 Concurring and Dissenting Opinion delivered   Issued
2024-12-31 Court approved judgment sent to attorneys of record Issued
2024-12-31 Concurring Opinion issued.   Issued
2024-12-27 Notice received  
  This case was awaiting the Court's decision after oral argument between October 3, 2024 and December 27, 2024.  
2024-10-03 Oral argument  
2024-10-03 Oral argument  
2024-09-20 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between July 11, 2024 and September 20, 2024.  
2024-07-11 Oral Argument Submission Form from Attorney received  
2024-06-28 Case set for oral argument   Case set for oral argument
2024-06-28 Case set for oral argument   Case set for oral argument
  This case was waiting for oral argument between March 15, 2024 and June 28, 2024.  
2024-03-15 Petition for Review granted
2024-03-15 Petition for Review disposed   Filing granted
2024-03-15 Petition for Review disposed   Filing granted
2024-03-15 Petition for Review granted
  This case was pending on merits briefs between January 21, 2024 and March 15, 2024.  
2024-01-21 Brief on the Merits (Petitioner)  
2024-01-17 Letter Filed  
2023-12-27 Reply Brief (Petitioner)  
2023-12-18 Motion for Extension of Time disposed.   Filing granted
2023-12-16 Motion for Extension of Time to File Brief filed  
2023-11-21 Motion for Extension of Time to File Brief filed  
2023-11-21 Motion for Extension of Time disposed.   Filing granted
2023-11-17 Motion for Extension of Time disposed.   Filing granted
2023-11-16 Motion for Extension of Time to File Brief filed  
2023-11-10 Brief on the Merits (Respondent)  
2023-11-10 Brief on the Merits (Respondent)  
2023-10-30 Motion for Extension of Time disposed.   Filing granted
2023-10-27 Motion for Extension of Time to File Brief filed  
2023-10-25 Motion for Extension of Time to File Brief filed  
2023-10-04 Motion for Extension of Time to File Brief filed  
2023-10-04 Motion for Extension of Time disposed.   Filing granted
2023-10-03 Motion for Extension of Time disposed.   Filing granted
2023-10-02 Motion for Extension of Time to File Brief filed  
2023-08-29 Motion for Extension of Time to File Brief filed  
2023-08-29 Motion for Extension of Time disposed.   Filing granted
2023-08-24 Motion for Extension of Time to File Brief filed  
2023-08-24 Motion for Extension of Time disposed.   Filing granted
2023-08-23 Brief on the Merits (Petitioner)  
2023-08-23 Brief on the Merits (Petitioner)  
2023-07-19 Motion for Extension of Time disposed.   Filing granted
2023-07-19 Motion for Extension of Time to File Brief filed  
2023-07-19 Motion for Extension of Time disposed.   Filing granted
2023-07-19 Motion for Extension of Time to File Brief filed  
2023-06-23 Brief on the Merits Requested  
2023-05-16 Reply to Response to Petition filed (Petitioner)  
2023-05-02 Reply to Response (Petitioner)  
2023-04-24 Call received  
2023-04-21 Motion to Extend Time to File Reply filed  
2023-04-21 MET to file reply disposed of   Filing granted
2023-04-17 Response to Petition (Respondent)  
2023-04-17 Response to Petition (Respondent)  
2023-03-17 Supreme Court of Texas Requested Response  
2023-02-14 Case forwarded to Court
2023-02-14 Case forwarded to Court
2023-02-08 Response Waiver filed  
2023-02-08 Response Waiver filed  
2023-02-07 Petition for Review (Petitioner)  
2023-02-07 Petition for Review #2 (Petitioner)  
2023-01-18 Second Motion for Extension of Time to File Petition for Review filed  
2023-01-18 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2023-01-17 Second Motion for Extension of Time to File Petition for Review filed  
2023-01-17 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-12-20 Motion for Extension of Time to File Petition for Review #2 filed  
2022-12-20 Clerk's Record
2022-12-20 Clerk's Record
2022-12-20 Court reporter/recorder's record
2022-12-20 Court reporter/recorder's record
2022-12-20 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-12-20 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-12-19 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Newsom, Terry & Newsom, LLP and Steven K. Terry
Mr. Thomas C. Wright
Ms. Rachel H. Stinson
Mr. Wade C. Crosnoe
Ms. Shelby G. Hall
Mr. Shawn W. Phelan
Ms. Wanda McKee Fowler
Mr. Gino John Rossini
Mr. Thomas Horan II
Ms. Kelley C. Morris
Respondent
Henry S. Miller Commercial Company
Mr. James Shields
Mr. Bart Higgins
Mr. David A. Shields
Mr. P. Michael Jung
Petitioner

Amicus Curiae

Amicus Curiae Counsel
Shepherd, Billy
Mr. Billy Shepherd
 
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