Supreme Court of Texas Blog

No. 23-0045
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MICHAEL A. POHL, ET AL. v. MARK KENTRELL CHEATHAM, SR., ET AL.

A petition was filed on January 19, 2023. Oral argument was held on October 2, 2024. The Court issued an opinion resolving the case on May 9, 2025. It then denied rehearing on September 5, 2025

Opinions

May 9, 2025

Huddle
Blacklock
Bland
Young
Sullivan

Justice Huddle delivered the opinion of the Court, in which Chief Justice Blacklock, Justice Bland, Justice Young, and Justice Sullivan joined. PDF

Busby
Lehrmann
Boyd

Justice Busby filed a dissenting opinion, in which Justice Lehrmann and Justice Boyd joined. PDF

 

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Aff/Pt and Rev & Rem/Pt
COA Docket No.:01-20-00046-CV
Opinion Author:Honorable Sarah Beth Landau

Trial Court

Trial Court:55th District Court
County:Harris
Trial Judge:Honorable Jeffrey A. Shadwick
Trial Docket:2017-41110

Docket Entries

Date Event Outcome  
2025-09-05 Motion for Rehearing - Disposed   Denied with Justice not sitting.
  This case has been waiting for a decision about a pending motion for rehearing.  
2025-06-26 Case forwarded to Court
2025-06-26 Motion for Rehearing  
2025-06-11 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2025-06-06 Motion for Extension of Time to File Motion for Rehearing  
2025-05-11 Amicus Curiae Letter Received  
2025-05-09 Opinion issued Issued
2025-05-09 Court approved judgment sent to attorneys of record Issued
2025-05-09 Dissenting opinion issued.   Issued
2025-05-09 Opinion issued   Court affirms in part and reverses in part CA judgment and remands to trial court
2025-05-09 Opinion issued   Court affirms in part and reverses in part CA judgment and remands to trial court
2025-05-02 Notice from Counsel of a change in address  
  This case was awaiting the Court's decision after oral argument between October 7, 2024 and May 2, 2025.  
2024-10-07 Post submission brief filed (Respondent)  
2024-10-02 Oral argument  
2024-10-02 Oral argument  
2024-10-02 Oral argument  
2024-09-30 Letter Filed  
2024-09-30 Exhibits in case/cause filed (Respondent)  
2024-09-27 Letter sent to parties from Supreme Court - See Remarks  
2024-09-27 Exhibits in case/cause filed (Petitioner)  
2024-09-18 Oral Argument Submission Form from Attorney received  
2024-09-17 Oral Argument Submission Form from Attorney received  
2024-09-17 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between June 28, 2024 and September 17, 2024.  
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
2024-06-28 Case set for oral argument   Case set for oral argument
2024-05-31 Petition for Review granted
2024-05-31 Petition for Review disposed   Filing granted
2024-05-31 Petition for Review disposed   Filing granted
2024-05-31 Petition for Review disposed   Filing granted
2024-05-31 Petition for Review granted
2024-05-31 Petition for Review granted
  This case was pending on merits briefs between April 5, 2024 and May 31, 2024.  
2024-04-05 Reply Brief  
2024-04-05 Reply Brief  
2024-04-05 Reply Brief  
2024-03-05 Motion for Extension of Time disposed.   Filing granted
2024-03-04 Motion for Extension of Time to File Brief filed  
2024-03-01 Motion for Extension of Time to File Brief filed  
2024-03-01 Motion for Extension of Time disposed.   Filing granted
2024-02-29 Motion for Extension of Time to File Brief filed  
2024-02-29 Motion for Extension of Time disposed.   Filing granted
2024-02-20 Brief on the Merits (Respondent)  
2024-02-20 Brief on the Merits (Respondent)  
2024-02-20 Brief on the Merits (Respondent)  
2024-01-18 Motion for Extension of Time disposed.   Filing granted
2024-01-17 Motion for Extension of Time to File Brief filed  
2023-12-19 Motion for Extension of Time disposed.   Filing granted
2023-12-19 Motion for Extension of Time to File Brief filed  
2023-12-01 Brief on the Merits (Petitioner)  
2023-12-01 Brief on the Merits (Petitioner)  
2023-12-01 Brief on the Merits (Petitioner)  
2023-10-31 Motion for Extension of Time disposed.   Filing granted
2023-10-30 Motion for Extension of Time to File Brief filed  
2023-10-30 Motion for Extension of Time disposed.   Filing granted
2023-10-30 Motion for Extension of Time to File Brief filed  
2023-10-27 Motion for Extension of Time disposed.   Filing granted
2023-10-27 Motion for Extension of Time to File Brief filed  
2023-09-26 Motion for Extension of Time disposed.   Filing granted
2023-09-25 Motion for Extension of Time to File Brief filed  
2023-09-20 Motion for Extension of Time to File Brief filed  
2023-09-20 Motion for Extension of Time disposed.   Filing granted
2023-09-15 Motion for Extension of Time to File Brief filed  
2023-09-15 Motion for Extension of Time disposed.   Filing granted
2023-09-01 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between July 5, 2023 and September 1, 2023.  
2023-07-05 Reply to Response (Petitioner)  
2023-07-05 Reply to Response (Petitioner)  
2023-06-30 Reply to Response to Petition filed (Petitioner)  
2023-06-01 MET to file reply disposed of   Filing granted
2023-06-01 MET to file reply disposed of   Filing granted
2023-06-01 Motion to Extend Time to File Reply filed  
2023-05-31 Motion to Extend Time to File Reply filed  
2023-05-25 MET to file reply disposed of   Filing granted
2023-05-25 Motion to Extend Time to File Reply filed  
2023-05-23 Letter Received  
2023-05-19 Response to Petition (Respondent)  
2023-05-19 Response to Petition (Respondent)  
2023-05-19 Response to Petition (Respondent)  
2023-05-12 Motion for Extension of Time to File Response  
2023-05-12 Motion for Extension of Time to File Response disposed   Filing granted
2023-04-14 Supreme Court of Texas Requested Response  
2023-03-14 Case forwarded to Court
2023-03-14 Case forwarded to Court
2023-03-14 Case forwarded to Court
2023-03-13 Response Waiver filed  
2023-03-08 Petition for Review #3 (Petitioner)  
2023-02-17 Second Motion for Extension of Time to File Petition for Review filed  
2023-02-17 Response to Motion for Extension of Time to File Petition for Review  
2023-02-17 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2023-01-25 Response Waiver filed  
2023-01-20 Petition for Review #2 (Petitioner)  
2023-01-19 Petition for Review (Petitioner)  
2023-01-18 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2023-01-18 Motion for Extension of Time to File Petition for Review filed  
2023-01-18 Supplement to Clerk's/Reporter's Record
2023-01-18 Court reporter/recorder's record
2023-01-18 Supplement to Clerk's/Reporter's Record
2023-01-18 Supplement to Clerk's/Reporter's Record
2023-01-18 Clerk's Record

Parties

Party Counsel Role
The Ammons Law Firm and Robert Ammons
Mr. Bradley Bowen
Ms. Kelsi S. White
Mr. Thomas Phillips
Mr. Brock C. Akers
Mr. Daryl L. Moore
Cordt Akers
Petitioner
Michael A. Pohl, et al.
Ms. Kelsi S. White
Ms. Allison Miller
Mr. Billy Shepherd
Mr. Parth S. Gejji
Mr. Daryl L. Moore
Cordt Akers
Mr. Stephen R. Bailey
Mr. Brock C. Akers
Petitioner
Donalda Pohl, Helping Hands Financing, LLC, Edgar Jaimes
Mr. Conrad B. Guthrie
Mr. Mark Wesley Collmer
Petitioner
Mark Kentrell Cheatham, Sr., Luella Miller, Mark Cheatham, Jr. and Intervenor Lacy Reese
Mr. Lance Christopher Kassab
Mr. David Eric Kassab
Mr. Kevin H. Dubose
Nicholas Pierce
Respondent

Amicus Curiae

Amicus Curiae Counsel
Hirczy De Mino, PhD, Wolfgang P.
Mr. Wolfgang P. Hirczy De Mino PhD
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