Supreme Court

Case: 04-1043    
04-1043
11/19/2004
Mandamus/Cause
IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/08/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/07/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
11/07/2006Response to Motion for RehearingRelator Department's response to motion for rehearing regarding Texas Department of Family and Protective Services' petition for writ of mandamus.
10/13/2006Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for rehearing filed on behalf of respondent, Joy Higdon
11/14/2005Supplemental Letter BriefRelator On behalf of Ruby Ludwig and Joy Higdon.  
02/07/2005Brief on the MeritsReal Parties in Interest Brief of the merits filed on behalf of Joy Higdon
01/18/2005Waiver of Brief on the MeritsRelator Relator's wish to rely upon the mandamus that is already on file w/ the Courth.  On behalf of Texas Dept of Family and Protective Services.
01/14/2005Amicus Curiae Brief receivedReceived (instead of filed) On behalf of attorney ad Litem.  By Christina M. Utkov PO Box 5634 Austin TX 78763.  ph - 512-693-2848 fax 512-329-5884.
11/29/2004Response to Petition for Writ of Mandamus FiledReal Parties in Interest On behalf of Joy Higdon.
11/29/2004Response to Petition for Writ of Mandamus FiledReal Parties in Interest On behalf of Ruby Ludwig.
11/19/2004Appendix FiledRelator Appendix attached to pet. for writ of mandamus
11/19/2004Petition for Writ of Mandamus filedRelator On behalf of Texas Department of Family and Protective Services  
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
10/08/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/07/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
02/02/2007Case Stored  G02/7-C-2
01/31/2007Certified cys of cost bill sent to attys of record  Cost bill issued.
12/15/2006Motion for Rehearing - DisposedDenied
12/15/2006Dissenting opinion issued.Issued
12/15/2006Opinion issuedWrit of Mandamus conditionally granted
11/07/2006Response to Motion for Rehearing  Department's response to motion for rehearing regarding Texas Department of Family and Protective Services' petition for writ of mandamus.
10/24/2006Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Rsp's m/e/t to file mo/re granted.  Mo/re was filed on 10/13/06.
10/23/2006Description of document returned to Supreme Court  from Mr. Robert Galvin. (pc states-Resp's mo/re was filed on Oct. 13, 2006)  Address updated on 10/18/06.  Resent notice.
10/23/2006Supreme Court of Texas Requested Response  Response requested to RLP's motion for rehearing due n/l/t 3:00 p.m. on 11/7/06; mlbx rule d/n/a
10/18/2006Motion for Extension of Time to File Motion for Rehearing  Real Party in interest, Joy Higdon's m/e/t to file mo/re.
10/17/2006Phone call from Clerk's Office  BH CALLED OFFICE OF ROB GALVIN.  TOLD PARALEGAL AN M/E/T WAS NEEDED FOR MOTION FOR REHEARING.  SHE SAID SHE THOUGHT THE COURT HAD BEEN CLOSED ON SEPT. 9 FOR COLUMBUS DAY.
10/13/2006Case forwarded to Court  Motion for rehearing (Joy Higdon)
10/13/2006Motion for Rehearing  Motion for rehearing filed on behalf of respondent, Joy Higdon
09/29/2006Description of document returned to Supreme Court  from Mr. Robert Galvin, rlp's counsel.  (letter states - On Sept. 22, 2006, SC delivered per curiam opinion.  Without hearing Oral argument, the Court conditionally grants the pet. for Writ of Mand.  Per Curiam opinion attached to this letter) Phone number disconnected; unable to verify address.
09/22/2006Letter Received  Letter from the 126th District Court transmitting copy of TC Aug 13, 2004 Final Decree of Termination.
09/22/2006Stay Order lifted  Stay order issued 11/19/04 lifted
09/22/2006Opinion issuedWithdrawn withdrawn per order issued 12/15/06
09/22/2006Mandamus granted pursuant to TRAP 52.8 
09/22/2006Petition for Writ of Mandamus disposedPetition granted pursuant to TRAP 52.8(c)
11/17/2005Additional Copies received  2 extra copies of the supplemental letter brief filed 11/14.   Backdated to 11/14.
11/14/2005Phone call from Clerk's Office  call made to Rob Galvin requesting 2 additional copies of the supplemental letter brief.  MM made the call.
11/14/2005Supplemental Letter Brief  On behalf of Ruby Ludwig and Joy Higdon.  
03/30/2005Record Received (See Remarks)  Record rec'd from 3rd COA
03/28/2005Phone call from Clerk's Office  to COA requesting record.
02/09/2005Electronic copies of brief posted to website  #04104302  Real Party in Interest, Joy Higdon's Brief on the Merits
02/07/2005Brief on the Merits  Brief of the merits filed on behalf of Joy Higdon
01/18/2005Waiver of Brief on the Merits  Relator's wish to rely upon the mandamus that is already on file w/ the Courth.  On behalf of Texas Dept of Family and Protective Services.
01/14/2005Electronic copies of brief posted to website  #04104301  Attorney Ad Litem's Support for Writ of Mandamus
01/14/2005Amicus Curiae Brief received  On behalf of attorney ad Litem.  By Christina M. Utkov PO Box 5634 Austin TX 78763.  ph - 512-693-2848 fax 512-329-5884.
12/17/2004Brief on the Merits Ordered  Relators brief is due 01-17-05, resp brief is due 02-07-05, reply brief is due 02-22-05, all briefs are due n/l/t 3:00 p.m., mlbx rule d/n/a
12/01/2004Motion for Extension of Time disposed.Filing granted Rsp Joy Higdon's m/e/t to file requested response granted.  Response was filed 11/29/04.
11/30/2004Phone call from Clerk's Office  TO MR. ROBERT GALVIN'S OFFICE REQUESTING $10 FEE FOR M/E/T  AND ADDITIONAL 8 COPIES OF M/E/T.
11/29/2004Response to Petition for Writ of Mandamus Filed  On behalf of Joy Higdon.
11/29/2004Motion for Extension of Time to File Response  M/E/T to file response to the TX Dept of Family and Protective Service's mandamus.  On behalf of Joy Higdon.
11/29/2004Response to Petition for Writ of Mandamus Filed  On behalf of Ruby Ludwig.
11/22/2004Call received  Call received from Mr. Case he did not get his fax copy on Friday; (resent Friday's order by fax to Mr. Case)
11/19/2004Document received (See Remarks)  Notice of Matters Under Advisement
11/19/2004Appendix Filed  Appendix attached to pet. for writ of mandamus
11/19/2004Supreme Court of Texas Requested Response  Requested response due n/l/t 3:00 p.m., 11-29-04
11/19/2004Stay Order issued 
11/19/2004Motion to Stay DisposedFiling granted
11/19/2004Motion to Stay Filed  
11/19/2004Petition for Writ of Mandamus filed  On behalf of Texas Department of Family and Protective Services  
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/02/2007Case StoredCase stored.G02/7-C-2
Parties
Party▲▼Party Type▲▼Representative▲▼
H., Z. C.Other interested party Ms. Christina M. Utkov
Ludwig, Ruby V.Real Party in Interest Mr. John J. Hindera
Texas Department of Family and Protective ServicesRelatorMr. Ronald Earle
Mr. C. Bryan Case Jr.
Higdon, Joy DeanReal Party in Interest Mr. Robert Galvin
H., K. M.Other interested party Ms. Christina M. Utkov
Court of Appeals Information:
Conditionally Granted 
150 SW3d 819, 10-21-04 
3rd Court of Appeals 
Honorable Bea Ann Smith 
Trial Court Information
126th District Court 
Travis 
Honorable Darlene Byrne 
FM3-00564