Supreme Court of Texas Blog

No. 20-0117
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ROBERT W. VAN BOVEN M.D., D.D.S. v. SCOTT FRESHOUR, MARGARET MCNEESE, CHRIS PALAZOLA, AMY SWANHOLM, TIMOTHY WEBB, AND SHERIF ZAAFRAN, M.D., IN THEIR OFFICIAL CAPACITIES AS OFFICERS OF THE TEXAS MEDICAL BOARD

Oral argument was held on September 29, 2021. The Court issued an opinion resolving the case on June 3, 2022. File Closed

Opinions

June 3, 2022

Hecht
Lehrmann
Devine
Blacklock
Busby
Bland
Huddle
Young

Chief Justice Hecht delivered the opinion of the Court, in which Justice Lehrmann, Justice Devine, Justice Blacklock, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined. PDF

Boyd

Justice Boyd filed a dissenting opinion. PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Aff/Pt and Rev & Ren/Pt
COA Docket No.:03-18-00817-CV
Opinion Author:Honorable Chari Kelly

Trial Court

Trial Court:353rd District Court
County:Travis
Trial Judge:Honorable Dustin Mark Howell
Trial Docket:D-1-GN-17-005957

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2022-07-01 Mandate issued  
2022-07-01 Motion to Expedite disposed   Filing granted
2022-06-29 Reply to Response to Motion  
2022-06-29 Phone call from Clerk's Office  
2022-06-29 Call received  
2022-06-29 Response to Motion filed  
2022-06-28 Motion to Expedite  
2022-06-28 Call received  
2022-06-09 Call received  
2022-06-03 Call received  
2022-06-03 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2022-06-03 Dissenting opinion issued.   Issued
2022-06-03 Court approved judgment sent to attorneys of record Issued
2022-06-01 Post submission brief filed (Petitioner)  
2022-05-16 Post submission brief filed (Petitioner)  
2022-05-03 Post submission brief filed (Petitioner)  
  This case was awaiting the Court's decision after oral argument between February 17, 2022 and May 3, 2022.  
2022-02-17 Post submission brief filed (Petitioner)  
  This case was awaiting the Court's decision after oral argument between October 22, 2021 and February 17, 2022.  
2021-10-22 Letter Filed  
2021-10-12 Notice of Appearance  
2021-10-04 Letter Filed  
2021-09-29 Oral argument  
2021-09-28 Exhibits in case/cause filed (Petitioner)  
2021-09-28 Call received  
2021-09-24 Submission Schedule
2021-09-24 Amicus Curiae Letter Received  
2021-09-24 Motion to withdraw disposed of   Filing granted
2021-09-22 Motion to Withdraw Filed  
2021-09-20 Call received  
2021-09-20 Letter Filed  
2021-09-20 Letter Filed  
2021-09-20 Letter Received  
2021-09-20 Electronic communication sent to Party  
2021-09-20 Electronic communication received from Party  
2021-09-20 Oral Argument Submission Form from Attorney received  
2021-09-14 Oral Argument Submission Form from Attorney received  
2021-09-08 Oral Argument Submission Form from Attorney received  
2021-09-06 Amicus Curiae Letter Received  
2021-09-01 Call received  
2021-09-01 Letter sent to parties from Supreme Court - See Remarks  
2021-08-31 Amicus Curiae Letter Received  
2021-08-25 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between July 2, 2021 and August 25, 2021.  
2021-07-02 Letter Filed  
2021-06-25 Case set for oral argument   Case set for oral argument
2021-06-18 Notice from Counsel of a change in address  
2021-06-11 Petition for Review disposed   Filing granted
2021-06-11 Petition for Review granted
  This case was pending on merits briefs between March 19, 2021 and June 11, 2021.  
2021-03-19 Notice from attorney regarding vacation dates  
2021-02-26 Amicus Curiae Brief received  
2021-02-05 Reply Brief (Petitioner)  
2021-01-22 Amicus Curiae Letter Received  
2021-01-21 Brief on the Merits (Respondent)  
2021-01-06 Amicus Curiae Letter Received  
2020-12-17 Motion for Extension of Time to File Brief filed  
2020-12-17 Motion for Extension of Time disposed.   Filing granted
2020-12-02 Brief on the Merits (Petitioner)  
2020-10-21 Motion for Extension of Time to File Brief filed  
2020-10-21 Motion for Extension of Time disposed.   Filing granted
2020-10-05 Amicus Curiae Letter Received  
2020-10-02 Brief on the Merits Requested  
2020-09-02 Letter Filed  
2020-08-24 Reply to Response (Petitioner)  
2020-08-10 Amicus Curiae Letter Received  
2020-08-07 Response to Petition (Respondent)  
2020-07-22 Notice from attorney regarding vacation dates  
2020-07-10 Supreme Court of Texas Requested Response  
2020-06-10 Amicus Curiae Brief received  
2020-06-09 Case forwarded to Court
2020-06-04 Response Waiver filed  
2020-05-08 Petition for Review (Petitioner)  
2020-05-07 Amicus Curiae Letter Received  
2020-04-21 Third Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-04-21 Third Motion for Extension of Time to File Petition for Review filed  
2020-03-11 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-03-11 Second Motion for Extension of Time to File Petition for Review filed  
2020-02-19 Amicus Curiae Letter Received  
2020-02-18 Court reporter/recorder's record
2020-02-18 Supplement to Clerk's/Reporter's Record
2020-02-18 Court reporter/recorder's record
2020-02-18 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-02-18 Clerk's Record
2020-02-15 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Scott Freshour, Margaret McNeese, Timothy Webb, and Sherif Zaafran, M.D., in their Official Capacities as Offices of the Texas Medical Board
Mr. Bill Davis
Mr. Craig J. Pritzlaff
Mr. Ryan Lee Bangert
Mr. Darren Lee McCarty
The Honorable Warren Kenneth Paxton
Mr. Jeffrey C. Mateer
Mr. Charles K. Eldred
Mr. Ted A. Ross
Respondent
Van Boven, M.D., Robert W.
Mr. Ross Spence
Mr. Henry Knight
Robert W. Van Boven M.D.
Mr. R. Casey Low
Mr. Eric B. Storm
Petitioner
Palazola, Christopher
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Jeffrey C. Mateer
Mr. Ryan Lee Bangert
Mr. Darren Lee McCarty
Mr. Craig J. Pritzlaff
Mr. Bill Davis
Mr. Ted A. Ross
Mr. Charles K. Eldred
Respondent
Swanholm , Amy
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Darren Lee McCarty
Mr. Ryan Lee Bangert
Mr. Jeffrey C. Mateer
Mr. Bill Davis
Mr. Craig J. Pritzlaff
Mr. Charles K. Eldred
Mr. Ted A. Ross
Respondent

Amici Curiae

Amicus Curiae Counsel
Association of American Physicians & Surgeons
Ms. Laurie Lynn York
Zedler, William W.
The Honorable William W. Zedler
Texas Medical Association
Mr. Donald P. Wilcox
Eamon J. Reilly
Beal, Ron
Mr. Ronald Lynn Beal
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