Case: 24-0353
24-0353
05/02/2024
Petition for Review originally filed as 53.7(f)
SOUTH PLAINS SNO, INC., BRAD SALLEY, AND KATHY SALLEY
ESKIMO HUT WORLDWIDE, LTD.
Appellate Briefs
| Date | Event Type | Description | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 07/30/2025 | Brief on the Merits | Petitioner | Reply Brief on the Merits filed on behalf of South Plains Sno, Inc., et al. | |||||
| 06/06/2025 | Amicus Curiae Brief received | Other than Petitioner, Respondent, Relator etc. | Solicitor General's Brief filed on behalf of The Office of the Attorney General. |
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| 05/14/2025 | Brief on the Merits | Respondent | Respondent's Brief on the Merits filed on behalf of Eskimo Hut Worldwide, Ltd. | |||||
| 03/24/2025 | Brief on the Merits | Petitioner | Petitioners' Brief on the Merits filed on behalf of South Plains Sno, Inc., et al. | |||||
| 11/07/2024 | Reply to Response to Petition filed | Petitioner | Reply in Support of Petition for Review filed on behalf of South Plains Sno, Inc., et al. | |||||
| 09/23/2024 | Response to Petition | Respondent | Response to Petition for Review filed on behalf of Eskimo Hut Worldwide, Ltd. | |||||
| 08/19/2024 | Amicus Curiae Brief received | Received (instead of filed) | Amicus Curiae Brief received on behalf of Islander Eskimo Hut, LLC, submitted by Elizabeth Geary and Derek L. Montgomery of Kelly Hart & Hallman LLP of Midland, Texas. |
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| 07/10/2024 | Petition for Review | Petitioner | Petition for Review filed on behalf of South Plains Sno, Inc., et al. |
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Case Events
| Date | Event Type | Disposition | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 09/05/2025 | Petition for Review disposed | Denied | |
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| 07/30/2025 | Brief on the Merits | Reply Brief on the Merits filed on behalf of South Plains Sno, Inc., et al. | ||||||
| 07/01/2025 | Call received | Call received from counsel for respondent regarding noticing. | | |||||
| 06/30/2025 | Motion for Extension of Time disposed. | Filing granted | Second Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due July 30, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. |
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| 06/27/2025 | Electronic communication sent to Party | Email sent to opposing counsel to determine stance on Motion for Extension of Time. | | |||||
| 06/27/2025 | Motion to Extend Time to File Reply filed | Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of South Plains Sno, Inc., et al. | ||||||
| 06/06/2025 | Amicus Curiae Brief received | Solicitor General's Brief filed on behalf of The Office of the Attorney General. |
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| 05/23/2025 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due June 30, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 05/22/2025 | Motion to Extend Time to File Reply filed | Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of South Plains Sno, Inc., et al. | ||||||
| 05/19/2025 | Motion for Extension of Time disposed. | Filing granted | Third Motion for Extension of Time to file Solicitor General's Brief is granted. Solicitor General's Brief is due June 6, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 05/15/2025 | Motion for Extension of Time to File Brief filed | Unopposed Third Motion for Extension of Time to file Solicitor General's Brief received on behalf of The Office of the Attorney General. | ||||||
| 05/14/2025 | Brief on the Merits | Respondent's Brief on the Merits filed on behalf of Eskimo Hut Worldwide, Ltd. | ||||||
| 04/17/2025 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time to file Solicitor General's brief is granted. Solicitor General's Brief is due May 23, 2025. FUTURE REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 04/17/2025 | Motion for Extension of Time to File Brief filed | Unopposed Second Motion for Extension of Time to file Solicitor General's Brief received on behalf of the Office of the Attorney General. | ||||||
| 04/10/2025 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Response brief is due May 14, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE DISFAVORED. Reply brief due May 29, 2025. |
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| 04/09/2025 | Motion for Extension of Time to File Response | Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Eskimo Hut Worldwide, LTD. | ||||||
| 03/24/2025 | Brief on the Merits | Petitioners' Brief on the Merits filed on behalf of South Plains Sno, Inc., et al. | ||||||
| 03/19/2025 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time to file Solicitor General's brief is granted. Solicitor General's Brief is due April 23, 2025. FUTURE REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 03/17/2025 | Motion for Extension of Time filed | Unopposed Motion for Extension of Time to file Solicitor General's Brief received on behalf of the Office of the Attorney General. | ||||||
| 02/14/2025 | Motion for Extension of Time disposed. | Filing granted | Second Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due March 24, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Solicitor General's Brief is due March 24, 2025. Response Brief is due April 14, 2025. Reply Brief is due April 29, 2025. |
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| 02/14/2025 | Motion for Extension of Time to File Brief filed | Unopposed Second Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of South Plains Sno, Inc., et al. | ||||||
| 02/14/2025 | Phone call from Clerk's Office | Call made regarding motion for extension of time filed. | | |||||
| 01/10/2025 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief on the Merits is due February 20, 2025. The Solicitor General's Brief is due February 20, 2025. Respondent's Brief on the Merits is due March 12, 2025. Reply Brief is due March 27, 2025. Further requests for extensions of time for this filing will be disfavored. |
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| 01/10/2025 | Motion for Extension of Time to File Brief filed | Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of South Plains Sno, Inc., et al. | ||||||
| 12/20/2024 | Solicitor general invited to file brief | The Solicitor General is invited to file a brief in the above-referenced case expressing the views of the State. The brief should comply with Tex. R. App. P. 55.3 and be filed on or before January 21, 2025. (included in the brief on the merits request letter sent same day) | ||||||
| 12/20/2024 | Brief on the Merits Requested | Brief on the merits requested: Petitioner's brief on the merits due no later than January 21, 2025; Response brief due February 10, 2025; Reply brief due February 25, 2025. The Solicitor General is invited to file a brief in the above-referenced case expressing the views of the State. The brief should comply with Tex. R. App. P. 55.3 and be filed on or before January 21, 2025. |
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| 11/07/2024 | Reply to Response to Petition filed | Reply in Support of Petition for Review filed on behalf of South Plains Sno, Inc., et al. | ||||||
| 10/04/2024 | MET to file reply disposed of | Filing granted | Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due November 7, 2024. Further requests for extensions of time for this filing will be disfavored. |
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| 10/04/2024 | Motion to Extend Time to File Reply filed | Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of South Plains Sno, Inc., et al. | ||||||
| 09/23/2024 | Response to Petition | Response to Petition for Review filed on behalf of Eskimo Hut Worldwide, Ltd. | ||||||
| 08/23/2024 | Supreme Court of Texas Requested Response | Requested response to petition for review due no later than September 23, 2024. |
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| 08/19/2024 | Amicus Curiae Brief received | Amicus Curiae Brief received on behalf of Islander Eskimo Hut, LLC, submitted by Elizabeth Geary and Derek L. Montgomery of Kelly Hart & Hallman LLP of Midland, Texas. |
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| 07/23/2024 | Case forwarded to Court | | | |||||
| 07/17/2024 | Response Waiver filed | Response Waiver filed on behalf of Eskimo Hut Worldwide, Ltd. | ||||||
| 07/10/2024 | Petition for Review | Petition for Review filed on behalf of South Plains Sno, Inc., et al. |
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| 06/10/2024 | Second Motion for Extension of Time to File Petition for Review disposed | Filing granted | Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due July 10, 2024. Further requests for extensions of time for this filing will be disfavored. |
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| 06/10/2024 | Second Motion for Extension of Time to File Petition for Review filed | Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of South Plains Sno, Inc., et al. |
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| 05/03/2024 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due June 10, 2024. |
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| 05/02/2024 | Electronic communication sent to Party | Email sent to counsel for Respondent regarding Motion filed. | | |||||
| 05/02/2024 | Motion for Extension of Time to File Petition for Review filed | Motion for Extension of Time to file Petition for Review filed on behalf of South Plains Sno, Inc., et al. |
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| 05/02/2024 | Court reporter/recorder's record | | | |||||
| 05/02/2024 | Court reporter/recorder's record | | | |||||
| 05/02/2024 | Court reporter/recorder's record | | | |||||
| 05/02/2024 | Clerk's Record | | | |||||
| 05/02/2024 | Court reporter/recorder's record | | |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 09/22/2025 | Status | Motion for rehearing due to be filed. |
Parties
| Party | PartyType | Representative |
|---|---|---|
| Eskimo Hut Worldwide, Ltd. | Respondent | Mr. John Frederick Massouh Mr. Marvin W. Jones Mr. Joshua Kundert Mr. Timothy Williams |
| Salley, Kathy | Petitioner | Mr. Nicholas Bacarisse Mr. Douglas Alexander Mr. William Adam Franklin |
| The State of Texas | Other interested party | Mr. Rance L. Craft Mr. W. Kenneth Paxton Mr. Aaron Nielson Mr. Brendan Fugere Ms. Beth E. Klusmann Mr. Brent Webster |
| Islander Eskimo Hut, LLC | Amicus Curiae | Ms. Elizabeth Geary-Hill Mr. Derek L. Montgomery |
| Salley, Brad | Petitioner | Mr. Nicholas Bacarisse Mr. Douglas Alexander Mr. William Adam Franklin |
| South Plains Sno, Inc. | Petitioner | Mr. Douglas Alexander Mr. William Adam Franklin Mr. Nicholas Bacarisse |
Court of Appeals Information:
07-22-00259-CV
Reverse & Remand
___ SW3d ___, 02-26-24
7th Court of Appeals
Honorable Lawrence M. Doss
Trial Court Information
251st District Court
Randall
Honorable Ana Estevez
73454C