Supreme Court

Case: 08-0379    
08-0379
05/19/2008
Petition for Review/Cause under Rule 53.1
IN THE INTEREST OF J.O.A., T.J.A.M., T.J.M., AND C.T.M., CHILDREN 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/23/2009Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief on behalf of the The State of Texas.  Submitted by James C. Ho; Solicitor General, PO Box 12548, Austin, Texas 78711.  Ph: 512-936-1700, Fx: 512-474-2697.
07/15/2008Reply BriefPetitioner PET's Reply BOM (12) filed on behalf of TDFPS.
07/07/2008Brief on the MeritsRespondent RSP's BOM (12) filed on behalf of Timothy Murphy, et al.
06/26/2008Brief on the MeritsPetitioner PET's BOM (12) filed on behalf of Tex. Dept. of Family & Protective Serv.
06/02/2008Response to PetitionRespondent Filed on behalf of respondents, Timothy and Trena Murphy (orig & 11 copies)
05/21/2008Supplemental appendix Petitioner Suppl. Index to PFR (12) filed on behalf of Tex. Dept. of Family & Protective Services.
05/19/2008Appendix FiledPetitioner attached to PFR
05/19/2008Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Tex. Dept. of Family & Protective Services.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
10/26/2009Letter Filed  Letter from Mr. Timothy Murphy stating that the Judge Phil Vanderpooh will not appoint him counsel. (3)
10/14/2008Oral argument   argued on behalf of petitioners by Trevor A. Woodruff; argued on behalf of respondents by John Franklin McDonough III
09/22/2008Oral Argument Submission Form from Attorney received  OA submission form subitted by John Franklin McDonald of Attorney at Law of Pampa
09/21/2009Case Stored  G02 Row 16 I-5 (1 vol)
09/16/2008Electronic copies of brief posted to website  #08037905  Petitioner's Reply Brief  Filed: 07/15/08
09/16/2008Electronic copies of brief posted to website  #08037904  Petitioner's Brief on the Merits  Filed: 06/26/08
09/16/2008Electronic copies of brief posted to website  #08037903  Petition for Review  Filed: 05/19/08
09/10/2008Oral Argument Submission Form from Attorney received  OA submission form submitted by Trevor A. Woodruff of Texas Department of Family and Protective Services in Austin
08/29/2008Case set for oral argumentCase set for oral argument Set for OA on 10/14/08 at 9:00 a.m.; time allotted to argue:  20/20 minutes
08/29/2008Petition for Review granted 
08/29/2008Petition for Review disposedFiling granted
08/18/2009Letter sent to parties from Supreme Court - See Remarks  Letter sent to Mr. Timothy Murphy is regards to his letter filed on 8/12/09.  Letter states that he needs to direct his question to the Trial Court Clerk Jackie Johnson.
08/12/2009Letter Filed  Letter from Mr. Timothy Murphy inquiring why the Trial Court is taking so long for a retrial. (1)
07/15/2008Reply Brief  PET's Reply BOM (12) filed on behalf of TDFPS.
07/10/2008Electronic copies of brief posted to website  #08037902  Respondent's Brief on the Merits  Filed: 07/07/08
07/10/2008Electronic copies of brief posted to website  #08037901  Response to Petition  Filed: 06/02/08
07/09/2008Letter Filed  Mr. Rabe informed the Court that he will not file BOMs unless requested by the Court.
07/07/2008Brief on the Merits  RSP's BOM (12) filed on behalf of Timothy Murphy, et al.
06/26/2008Brief on the Merits  PET's BOM (12) filed on behalf of Tex. Dept. of Family & Protective Serv.
06/16/2008Case Record Filed   inventory in main remarks.
06/12/2009Record returned to Court of Appeals  RECORD RETURNED TO 7TH COA
06/12/2009Mandate issued  Mandate & Cost Bill Issued
06/11/2008Record Requested in Case 
06/11/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 6/26/08; Rsp br due 7/7/08; Reply br due 7/15/08; mlbx rule d/n/a
06/03/2008Motion for Extension of Time to File Petition for Review disposedFiling dismissed as moot Attoreny/Guardian Ad Litem's Motion for Additional Time to File Petition for Review is dismissed as moot.
06/03/2008Motion to withdraw disposed ofFiling granted Attorney/Guardian Ad Litem, Dale A. Rabe, Jr.'s motion to withdraw 53.7 is granted.
06/02/2008Motion to Withdraw Filed  Dale A. Rabe, Jr. (att/guardian ad litem's) motion to withdraw 53.7.  (4)  (incorporated w/ response waiver)
06/02/2008Response Waiver filed  Attorney/Guardian ad Litem, Dale A. Rabe, Jr.'s waiver of response.  Waiver also states that Mr. Rabe is in support of the arguments contained w/in the pet/rev filed by the TDPRS.  (incorporated w/ motion to dismiss 53.7)  (4)
06/02/2008Response to Petition  Filed on behalf of respondents, Timothy and Trena Murphy (orig & 11 copies)
05/28/2008Call received  Spoke w/ Mr. Rabe.  He informed the Court that he no longer plans to file a 2nd PFR, and will submit a letter to the Court.  
05/23/2008Phone call from Clerk's Office  Spoke w/ Mr. Rabe.  Requested statue that says Attorney/Guardian ad litem does not have to pay court fees.  
05/22/2008Motion for Extension of Time to File Petition for Review #2 filed  PET's Unopposed m/e/t to file PFR #2 (12) filed on behalf of Dale A. Rabe, Jr.
05/21/2008Supplemental appendix   Suppl. Index to PFR (12) filed on behalf of Tex. Dept. of Family & Protective Services.
05/21/2008Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 6/2/08; mlbx rule d/n/a
05/20/2008Call received  from Mr. Woodruff to let the Court know that he will send the TC judgment as a supplement to appendix to pet/rev.
05/19/2008Appendix Filed  attached to PFR
05/19/2008Petition for Review  PFR appendix attached (12) filed on behalf of Tex. Dept. of Family & Protective Services.
05/01/2009Court approved judgment sent to attorneys of recordIssued
05/01/2009Concurring Opinion issued.Issued
05/01/2009Opinion issuedCA judgment modified; cause remanded to TC
04/23/2009Amicus Curiae Brief received  Amicus brief on behalf of the The State of Texas.  Submitted by James C. Ho; Solicitor General, PO Box 12548, Austin, Texas 78711.  Ph: 512-936-1700, Fx: 512-474-2697.
04/03/2009Motion for Extension of Time disposed.Filing granted Solicitor General's Unopposed motion to extend time to file CVSG brief is granted.   Brief is due April 23, 2009.  Further requests will be disfavored.
04/02/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file brief. On behalf of Solicitor General of Texas. (3)
03/27/2009Solicitor general invited to file brief  The Solicitor General is invited to file a brief in this case expressing the views of the State.  The brief should be filed on or before April 13, 2009.  
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/21/2009Case StoredCase stored.G02 Row 16 I-5 (1 vol)
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Department of Family and Protective ServicesPetitionerMr. Duke Elton Hooten
Mr. Larry L. Canada
Mr. Michael C. Shulman
Mr. Trevor Allen Woodruff
OFFICE OF THE SOLICITOR GENERAL OF TEXASAmicus CuriaeMs. Danica Lynn Milios
Mr. James C. Ho
Murphy, TimothyRespondentMr. John Franklin McDonough III
Mr. Todd L. Alvey
Attorney Ad LitemOther interested party Mr. Dale A. Rabe Jr.
Murphy, TrenaRespondentMr. Landon Paul Lambert
Mr. John Franklin McDonough III
Court of Appeals Information:
Affirmed/Rev'd & Rem 
418 SW3d 625, 06-23-09 
7th Court of Appeals 
Honorable Patrick A. Pirtle 
Trial Court Information
100th District Court 
Collingsworth 
Honorable Phil N. Vanderpool 
7019