Supreme Court of Texas Blog

No. 04-1043
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IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

The Court requested full merits briefing on December 17, 2004. The Court issued an opinion resolving the case on December 15, 2006. It then denied rehearing on December 15, 2006 File Closed

Opinions

December 15, 2006

Wainwright
Jefferson
Hecht
Brister
Medina
Green
Johnson
Willett

Justice Wainwright delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice Hecht, Justice Brister, Justice Medina, Justice Green, Justice Johnson, and Justice Willett PDF

Oneill

Justice O'Neill delivered a dissenting opinion PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Conditionally Granted
COA Docket No.:03-04-00464-CV, 03-04-00466-CV
Opinion Author:Honorable Bea Ann Smith

Trial Court

Trial Court:126th District Court
County:Travis
Trial Judge:Honorable Darlene Byrne
Trial Docket:FM3-00564

Docket Entries

Date Event Outcome  
2007-02-02 Case Stored  
2007-01-31 Certified cys of cost bill sent to attys of record  
2006-12-15 Dissenting opinion issued. Issued
2006-12-15 Motion for Rehearing - Disposed Denied
2006-12-15 Opinion issued Writ of Mandamus conditionally granted
2006-11-07 Response to Motion for Rehearing (Relator)  
2006-10-24 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2006-10-23 Description of document returned to Supreme Court  
2006-10-23 Supreme Court of Texas Requested Response  
2006-10-18 Motion for Extension of Time to File Motion for Rehearing  
2006-10-17 Phone call from Clerk's Office  
2006-10-13 Case forwarded to Court  
2006-10-13 Motion for Rehearing  
2006-09-29 Description of document returned to Supreme Court  
2006-09-22 Opinion issued   Withdrawn
2006-09-22 Petition for Writ of Mandamus disposed Petition granted pursuant to TRAP 52.8(c)
2006-09-22 Stay Order lifted  
2006-09-22 Letter Received  
2006-09-22 Mandamus granted pursuant to TRAP 52.8
  This case was pending on merits briefs between November 17, 2005 and September 22, 2006.  
2005-11-17 Additional Copies received  
2005-11-14 Phone call from Clerk's Office  
2005-11-14 Supplemental Letter Brief (Relator)  
  This case was pending on merits briefs between March 30, 2005 and November 14, 2005.  
2005-03-30 Record Received (See Remarks)  
2005-03-28 Phone call from Clerk's Office  
2005-02-09 Electronic copies of brief posted to website  
2005-02-07 Brief on the Merits (Real Parties in Interest)  
2005-01-18 Waiver of Brief on the Merits (Relator)  
2005-01-14 Amicus Curiae Brief received  
2005-01-14 Electronic copies of brief posted to website  
2004-12-17 Brief on the Merits Requested  
2004-12-01 Motion for Extension of Time disposed.   Filing granted
2004-11-30 Phone call from Clerk's Office  
2004-11-29 Response to Petition for Writ of Mandamus Filed (Real Parties in Interest)  
2004-11-29 Response to Petition for Writ of Mandamus Filed (Real Parties in Interest)  
2004-11-29 Motion for Extension of Time to File Response  
2004-11-22 Call received  
2004-11-19 Supreme Court of Texas Requested Response  
2004-11-19 Document received (See Remarks)  
2004-11-19 Stay Order issued
2004-11-19 Motion to Stay Disposed Filing granted
2004-11-19 Motion to Stay Filed
2004-11-19 Petition for Writ of Mandamus (Relator)  
2004-11-19 Appendix Filed (Relator)  

Parties

Party Counsel Role
Ludwig, Ruby V.
Mr. John J. Hindera
Real Party In Interest
Texas Department of Protective and Regulatory Services
Mr. Ronald Earle
Mr. C. Bryan Case Jr.
Relator
H., Z. C.
Ms. Christina M. Utkov
Other Interested Party
Higdon, Joy Dean
Mr. Robert Galvin
Real Party In Interest
H., K. M.
Ms. Christina M. Utkov
Other Interested Party
...
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