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In the Supreme Court of Texas ______
FILED 21-0463 6/3/2021 11:17 PM tex-54090915 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK NO. ______________ _________________________________________ In the Supreme Court of Texas _________________________________________ IN RE LUCKYGUNNER, LLC, RED STAG FULFILLMENT, LLC, MOLLENHOUR GROSS, LLC, JORDAN MOLLENHOUR, AND DUSTIN GROSS, Relators __________________________________________________________________ Original Proceeding from County Court at Law No. 3 at Galveston County, Texas, Consolidated Cause No. CV-0081158, the Honorable Jack Ewing __________________________________________________________________ PETITION FOR WRIT OF MANDAMUS __________________________________________________________________ A.M. “Andy” Landry III Gray Reed & McGraw LLP State Bar No. 11868750 1300 Post Oak Blvd., Suite 2000 Greg White Houston, Texas 77056 State Bar No. 21329050 (713) 986-7000 (Telephone) Kelly H. Leonard (713) 986-7100 (Fax) State Bar No. 24078703 Email: [email protected] Email: [email protected] Email: [email protected] Andrew A. Lothson (PHV forthcoming) Swanson, Martin & Bell LLP 330 North Wabash, Suite 3300 Chicago, Illinois 60611 (312) 321-9100 (Telephone) (312) 321-0990 (Fax) Email: [email protected] ATTORNEYS FOR RELATORS TEMPORARY RELIEF REQUESTED ORAL ARGUMENT REQUESTED IDENTITIES OF PARTIES AND COUNSEL Relators LuckyGunner, LLC, Red Stag Fulfillment, LLC, Mollenhour Gross LLC, Jordan Mollenhour, Dustin Gross (collectively, the “Defendants”) Trial Counsel Gray Reed & McGraw LLP A.M. “Andy” Landry III Kelly Leonard 1300 Post Oak Blvd., Suite 2000 Houston, Texas 77056 (713) 986-7000 (Telephone) (713) 986-7100 (Fax) Email: [email protected] Email: [email protected] Swanson, Martin & Bell LLP Andrew A. Lothson (PHV) 330 North Wabash, Suite 3300 Chicago, Illinois 60611 (312) 321-9100 (Telephone) (312) 321-0990 (Fax) Email: [email protected] Douglas T. Gosda Manning, Gosda & Arredondo, L.L.P. -
Former Chief Justice Jack Pope, 100 Years Old, Signed Copies of His Book Common Law Judge: Selected Writings Fof Chief Justice Jack Pope of Texas
Journal of the TEXAS SUPREME COURT HISTORICAL SOCIETY Winter 2013 Vol. 3, No. 2 General Editor Lynne Liberato Executive Editor David Furlow Columns A Brief History of the Society Takes Over Maintenance of the Journal of the Texas Supreme Court Supreme Court’s Alumni Directory President’s Page The Society has offered to assume By Douglas W. Alexander Historical Society maintenance of the Court’s directory I celebrate those who By Lynne Liberato in order to alleviate the administrative helped make former When I became the burden its upkeep imposes on Court staff. Chief Justice Jack Pope’s Society’s president, I Read more... knew that producing a new book a reality. Douglas W. Read more... Alexander newsletter was critical to our development as an organization. Supreme Court History Book Ends Its Fellows Column Read more... Lynne Liberato First Year with a Holiday Sales Push By David J. Beck The Society is running a The Fellows are excited series of ads to reach the to be working on their Journal Indexes larger audience of Texas second reenactment of a These indexes of past Journal issues, attorneys who might not historic case. arranged by issue and by author, are a know about the book or Read more... David J. Beck great resource for finding articles. the Society. Read more... Read more... James Haley’s book Features Significant Dates in the Society’s TSHA Joint Session Goes to the 170 Years of Texas Contract Law—Part 2 History of the Supreme Court Dark Side of Court History By Richard R. Orsinger of the Republic of Texas The theme of the upcoming Society- Texas took its pleading sponsored session at the TSHA Annual December was an important month Meeting is guaranteed to generate more practices from Spanish in the history of the Republic of Texas law, where the emphasis than passing interest in the Supreme Supreme Court. -
Aluollll News
AluOllll News Judicial Imperatives For Dale Wainwright, '88, the road from Mt. Juliet, Tennessee At the same time, Wainwright remembers the faculty and to the Supreme Court of Texas was full of professional staff as being "very approachable, very helpful, not distant twists and turns, but Wainwright draws a straight line from or haughty. They really wanted to engage students, to hear the University of Chicago Law School to the bench. their ideas. That's what struck me and stays with me today: "Rigorous, critical, thorough," Wainwright says. "Those the focus on the quality of the idea, the quality of the were the values that the Law School brought to every aspect thinking. Aside from ideology, aside from who's advancing of the study of law. These are obligations for any lawyer, the idea-professor, student-the important thing is the but they are absolute imperatives for a judge." idea itself, and whether it holds up." Wainwright was elected to the Texas Supreme Court last Dean Richard Badger was very helpful during that visit, November, following his temporary appointment to the encouraging Wainwright to meet students and faculty and Court several months before by Texas Governor Rick Perry. discussing the campus community with him. "It was not as Prior to that he served as Judge of the 334th District Court culturally diverse as 1 would have liked, but there was a very in Harris County. During his time on the bench, he has active Black Law Students organization, and they encouraged ruled on more than 3,000 contested cases and resolved a me as well." Feeling at home in the community was important similar number of lawsuits involving complex and challenging for Wainwright-he was married, worked part-time, and issues. -
Message from the President Executive Director's Page Fellows Column
Columns Lead Articles Message from the President Fellows Column Alcaldes in Austin’s Colony, 1821-1835 By Dale Wainwright By David J. Beck By Jason Boatright The Spring has been Our acclaimed judicial Texas trial courts were interesting and civics and history book created before Texas productive for the Taming Texas: How Law was a state, before it Society. The Board and Order Came to the was a republic, before meeting was filled with Lone Star State continues it was part of Mexico, reports on the Society’s to be taught in schools before, even, it was part Hon. Dale David J. Beck projects and programs. Wainwright throughout Houston. of Spain. Read more... Stephen F. Austin Read more... Read more... San Jacinto Justice: The Future Executive Director’s Page Executive Editor’s Page By Sharon Sandle By David A. Furlow Supreme Court Judges Who Won Texas This edition of the Queen Victoria made Her Freedom at San Jacinto Journal focuses on Texas decisions that touched By Dylan O. Drummond during the Victorian era. every aspect of Texas Twenty-eight men served as either Texas history during economics, history, Chief Justice or this period is preserved culture, and law, yet, Associate Judge of mostly through strangely, are often Sharon Sandle David A. Furlow the Republic of Texas handwritten documents, ignored today. Supreme Court. Yet only but it is now more accessible than in Read more... seven bled in the boggy any prior age. Read more... marshes of San Jacinto to ensure that the Texas San Jacinto Supreme Court could monument someday be founded. -
2013 Annual Report
Report 2013 The Board of Disciplinary Appeals Appointed by the Supreme Court of Texas Report2013.indd 1 9/17/2013 12:27:17 PM The Board of Disciplinary Appeals Appointed by the Supreme Court of Texas 2012-2013 CHAIR W. Clark Lea, Midland VICE CHAIR JoAl Cannon Sheridan, Austin MEMBERS David A. Chaumette, Houston Jack R. Crews, Temple Ramon Luis Echevarria II, Houston Gary R. Gurwitz, McAllen Marvin W. Jones, Amarillo David N. Kitner, Dallas Kathy J. Owen, Dallas Deborah J. Race, Tyler George A. Taylor, San Antonio Thomas J. Williams, Fort Worth SUPREME COURT OF TEXAS LIAISONS The Honorable Justice Dale Wainwright, 2012 The Honorable Justice Debra H. Lehrmann, 2013 STAFF Christine E. McKeeman, Executive Director/General Counsel Gayle Vickers, Deputy Director/Counsel Jackie L. Truitt, Executive Assistant P.O. Box 12426 Austin TX 78711 (512) 427-1578 txboda.org [email protected] Report2013.indd 2 9/17/2013 12:28:05 PM The Board of Disciplinary Appeals Appointed by the Supreme Court of Texas August 31, 2013 On behalf of the members and the staff of the Board of Disciplinary Appeals, I submit this report summarizing BODA’s activities for the 2012-2013 fi scal year. The report details BODA’s activities during the year and describes its staff, members, jurisdiction and operations. In 2012-2013, while sitting in three member panels, BODA disposed of 1,791 grievances appealed to it in an average decision time of 19 days after BODA’s receipt of the appeal. On average, each volunteer member of BODA read and decided 150 appeals of classifi cation decisions by the offi ce of the Chief Disciplinary Counsel. -
Texas Supreme Court Historical Society Journal Is Proud to Publish Judge Elizabeth Ray’S Personal Remembrances of an American Icon, the Incredible Judge Sarah T
Journal of the TEXAS SUPREME COURT HISTORICAL SOCIETY Summer 2015 Vol. 4, No. 4 General Editor Lynne Liberato Executive Editor David A. Furlow Columns Letter from the Outgoing President Fellows Column Executive Editor’s Page By Marie R. Yeates By David J. Beck By David A. Furlow I leave the presidency Seven Justices from the This issue of the Journal with a new appreciation Texas Supreme Court chronicles the evolution for the scope and impact joined the Fellows at the of women’s rights in of our programs and the third annual Fellows Texas over five centuries. people who make them Dinner for a wonderful Read more... David A. Furlow successful. Read more... Marie R. Yeates evening of art, dinner, David J. Beck and conversation. Read more... Reflections on the Message from the 2015-16 President By Ben L. Mesches Texas Equal Rights Amendment An Essay The Society will remain Photo Highlights from the Third Annual by Lynne Liberato keenly focused on The first time I voted projects that preserve the Fellows Dinner Photos by Mark Matson in a national election, I Court’s history, educate The Blanton Museum of voted for the Texas Equal the public, and encourage Art in Austin proved a Rights Amendment. lawyers to connect with delightful setting for this Read more... our collective history. Ben L Mesches year’s Fellows Dinner. Fellows Dinner Read more... Lynne Liberato Read more... attendees Executive Director’s Page By Pat Nester Under the leadership of David Furlow, the Society again presented compelling talks and materials at the Texas State Historical Association annual Pat Nester conference. -
Winter 2018, Vol. 7, No. 2
Columns Lead Articles Message from the President Fellows Column A Practicing Lawyer’s Tribute By Dale Wainwright By David J. Beck The Society’s dual I am pleased to report to Professor Joseph W. McKnight mission of preserving that the 2018 Annual (1925-2015) the history of the Fellows Dinner was a By Josiah M. Daniel, III courts and educating tremendous success. Here was a professor the public about that Read more... David J. Beck who truly understood history is again in full Hon. Dale the historical nature of bloom this year. Wainwright legal process and the Read more... Executive Editor’s Page historical origins and the evolution over time of By David A. Furlow substantive law. Prof. Joseph W. Welcome to our Read more... McKnight Executive Director’s Page journalistic battlefield, By Sharon Sandle a cockpit of conflicting Last year I attended the ideas, competing visions Texas State Historical about justice, and Reconstruction Politics and the Association’s Annual gunslingers in frontier Meeting. One of the Texas. Read more... David A. Furlow Galveston Seven: The Struggle to highlights for me was Appoint a Judge in the Eastern browsing the books in the exhibitor hall. Sharon Sandle District of Texas, 1869-72, Part 1 Read more... By Stephen Pate This story reflects the deep divisions in Texas during Reconstruction, including strife within a Texas Republican Party that within a few short The first federal years would become court building in extinct. Read more... Texas Features From Outlaw to Attorney at Law: The “Friendly First,” Texas’s First In Memoriam: The Brief Legal Career of Court of Appeals, 1892-2017 Justice Ted Z. -
Wallace Jefferson of Texas
Digital Commons at St. Mary's University Faculty Articles School of Law Faculty Scholarship 2011 A Judge in Full: Wallace Jefferson of Texas Michael S. Ariens St. Mary's University School of Law, [email protected] Follow this and additional works at: https://commons.stmarytx.edu/facarticles Recommended Citation Michael Ariens, A Judge in Full: Wallace Jefferson of Texas, 75 ALB. L. REV. 2151 (2011). This Article is brought to you for free and open access by the School of Law Faculty Scholarship at Digital Commons at St. Mary's University. It has been accepted for inclusion in Faculty Articles by an authorized administrator of Digital Commons at St. Mary's University. For more information, please contact [email protected]. HIGH COURT STUDY A JUDGE IN FULL: WALLACE JEFFERSON OF TEXAS Michael Ariens* During his eight years as Chief Justice of the Texas Supreme Court, Wallace Jefferson has written a number of deeply engaging opinions that illustrate his command of the work required of an appellate judge.1 These opinions are both thorough and thoughtful, and neither obtuse, nor shallow. They mark a judge well-versed in jurisprudence and in the ongoing debates about how judges construct and interpret statutes, the common law, and the constitution. His opinions indicate both his confidence in his conclusions and a humility cognizant of his fallibility. His opinions have also occasionally generated objections, as Texas law has changed during the past decade. Chief Justice Jefferson's opinions reflect a judge in full; one who possesses a deep knowledge of law and the peculiarities and particularities of the state and the people he serves. -
Message from the President Executive Director's Page Fellows Column Executive Editor's Page It's the Law—You Own The
Columns Lead Articles Features Message from the President It’s the Law—You Own the Water Texas Supreme Court and By Dale Wainwright under Your Land: The Evolution of Court of Criminal Appeals Pass This fall the Society has already held the Texas Groundwater Law Emergency Relief Orders in John Hemphill Dinner, By Edmond R. McCarthy, Jr. Hurricane Harvey’s Wake a Portrait Dedication The title for this article By Dylan O. Drummond Ceremony, and a Texas is taken from a billboard Texas’s two highest Appellate Hall of Fame displaying similar text Hon. Dale courts—for the Induction Ceremony. Wainwright along State Highway 79 first time—issued a Read more... in Franklin, Robertson slew of emergency County, Texas. Texas drought in administrative orders to Read more... the 1950s assist litigants as well as Executive Director’s Page Flooding in both the bench and bar. Houston By Sharon Sandle Read more... The history of the Texas Groundwater Law from impact of storms like Its Origins in Antiquity to Hurricane Harvey can 22nd Annual John Hemphill Dinner: be found in the way the Its Adoption in Modernity Texas courts addressed By Dylan O. Drummond Chief Judge Diane P. Wood the aftermath. Before “ownership in Sharon Sandle Was the Featured Speaker Read more... place” and the “rule By Marilyn P. Duncan of capture” were Photos by Mark Matson recognized in Texas, the Almost 400 attendees debate between the two Fellows Column filled the Grand concepts had already From the By David J. Beck Roman Emperor Ballroom of the Four raged for some 2,000 The latest book in the Justinian’s Seasons Hotel in Austin years. -
Spring 2013 Vol.2,No.3
Journal of the TEXAS SUPREME COURT HISTORICAL SOCIETY Spring 2013 Vol. 2, No. 3 General Editor Lynne Liberato Executive Editor David Furlow Arbitration Comes to Texas Court Holds Book Presentation An Interview with Former Justice By Tasha Lea Willis Ceremony in Historic Courtroom Dale Wainwright Arbitration has been a For the first time in fifty- By Amy Saberian part of the Texas justice three years, the Supreme The former Justice has a system for the past two Court of Texas held a long history of exemplary centuries—from Spanish formal session in the leadership and laudatory jurisprudence brought by Historic Courtroom of the public service. the Conquistadors. A Conquistador Capitol. But that wasn’t Read more... Justice Wainwright Read more... Chief Justice the only “first” that day. Jefferson greeted Dallam’s Digest and the Read more... guests Abel Acosta Appointed Clerk of Texas Court of Criminal Appeals Unofficial First Reporter of the Register Now for the Acosta is the eighth Clerk Supreme Court of Texas April 11 Symposium of the Court of Criminal By Dylan O. Drummond Seventeen of the Appeals since 1918, when Interestingly, the first state’s premier judges, the legislature gave each person to compile and attorneys, and legal court its own clerk. distribute the decisions Read more... historians are slated to The Mansion at Abel Acosta of the Supreme Court of speak at this CLE event. Judges’ Hill, site Texas was never officially Read more... for the symposium Carol Vance Speaks at sanctioned as the Court’s reporter. Read more... Texas Reporter March Board Meeting volumes Justice Sandra Day O’Connor to be The former Harris County District Attorney President’s Page Hemphill Dinner Keynote Speaker and author of Boomtown By Warren W.