Supreme Court of Texas Blog

No. 21-1045
Click for Official Page

TEXAS DEPARTMENT OF STATE HEALTH SERVICES; JOHN HELLERSTEDT, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE TEXAS DSHS v. CROWN DISTRIBUTING LLC; AMERICA JUICE CO., LLC; CUSTOM BOTANICAL DISPENSARY, LLC; 1937 APOTHECARY, LLC

Oral argument was held on March 22, 2022. The Court issued an opinion resolving the case on June 24, 2022.

Opinions

June 24, 2022

Boyd
Hecht
Lehrmann
Devine
Blacklock
Busby
Bland
Huddle
Young

Justice Boyd delivered the opinion of the Court. PDF

Young
Hecht
Devine
Blacklock

Justice Young filed a concurring opinion, in which Chief Justice Hecht, Justice Devine, and Justice Blacklock joined.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

None

Trial Court

Trial Court:345th District Court
County:Travis
Trial Judge:Honorable Lora Jeanette Livingston
Trial Docket:D-1-GN-20-004053

Entries on SCOTX Orders Lists

Upcoming

Date Event  
2022-07-11 Motion for rehearing due to be filed.

Docket Entries

Date Event Outcome  
2022-06-24 Court approved judgment sent to attorneys of record Issued
2022-06-24 Opinion issued   direct appeal opinion reverses tc judgment
2022-06-24 Concurring Opinion issued.   Issued
  This case was awaiting the Court's decision after oral argument between March 31, 2022 and June 24, 2022.  
2022-03-31 Post submission brief filed (Appellant in case)  
2022-03-28 Post submission brief filed (Appellee in case)  
2022-03-25 Electronic communication received from Party  
2022-03-24 Case Record Filed  
2022-03-22 Oral argument  
2022-03-21 Exhibits in case/cause filed (Appellee in case)  
2022-03-18 Submission Schedule
2022-03-17 Amicus Curiae Brief received  
2022-03-08 Oral Argument Submission Form from Attorney received  
2022-03-08 Oral Argument Submission Form from Attorney received  
2022-03-01 Reply Brief (Appellant in case)  
2022-02-14 Brief on the Merits (Appellee in case)  
2022-02-01 Motion for Extension of Time disposed.   Filing granted
2022-02-01 Call received  
2022-01-31 Motion for Extension of Time to File Brief filed  
2022-01-31 Call received  
2022-01-27 Electronic communication sent to Party  
2022-01-27 Court reporter/recorder's record  
2022-01-27 Electronic communication received from Party  
2022-01-26 Electronic communication sent to Party  
2022-01-26 Phone call from Clerk's Office  
2022-01-26 Call received  
2022-01-26 Phone call from Clerk's Office  
2022-01-26 Phone call from Clerk's Office  
2022-01-21 Call received  
2022-01-18 Brief on the Merits (Appellant in case)  
2022-01-18 Call received  
2022-01-10 Call received  
2022-01-05 Call received  
2021-12-17 Direct Appeal disposed   Jurisdiction noted in Direct Appeal.
2021-12-17 Case set for oral argument   Case set for oral argument
2021-12-17 Direct Appeal Grant
2021-12-17 Brief on the Merits Requested  
2021-12-13 Response to Statement of Jurisdiction (Appellee in case)  
2021-12-10 Clerk's Record  
2021-12-07 Electronic communication sent to Party  
2021-12-06 Notice of Appeal filed  
2021-12-03 Direct Appeal filed (Appellant in case)  

Parties

Party Counsel Role
America Juice Co., LLC
Mr. Chelsie Spencer
Ms. Constance H. Pfeiffer
Mr. Paul Stevenson
Mr. Matthew Zorn
Mr. Shane A. Pennington
Appellee
Custom Botanical Dispensary, LLC
Ms. Susan Lea Hays
Appellee
1937 Apothecary, LLC
Ms. Susan Lea Hays
Appellee
Texas Department of State Health Services
Mr. Christopher Galiardo
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Judd E. Stone II
Mr. Bill Davis
Mr. Brent Webster
Mr. Charles K. Eldred
Mr. Kyle Highful
Benjamin Walton
Appellant
Hellerstedt, John
Benjamin Walton
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Brent Webster
Mr. Charles K. Eldred
Mr. Bill Davis
Mr. Kyle Highful
Mr. Judd E. Stone II
Appellant
Crown Distributing LLC
Ms. Constance H. Pfeiffer
Mr. Matthew Zorn
Mr. Paul Stevenson
Mr. Chelsie Spencer
Mr. Shane A. Pennington
Appellee

Amicus Curiae

Amicus Curiae Counsel
Institute for Justice
Mr. Wesley Hottot
Victoria Clark
...
...