Supreme Court

Case: 08-0485    
08-0485
06/18/2008
Third Petition for Review originally filed as 53.7(f)
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS, TEXAS PODIATRIC MEDICAL ASSOCIATION AND BRUCE A. SCUDDAY, D.P.M. 
TEXAS ORTHOPAEDIC ASSOCIATION, TEXAS MEDICAL ASSOCIATION, AND ANDREW M. KANT, M.D. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/24/2010Motion for RehearingRehearing filed in Petition for Review Petitioner 1's, TX Podiatric Medical Association, Motion for Rehearing. (3)
09/16/2009Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief on behalf of The Texas Dental Association, submitted by Ms. April E. Lucas, McGinnis, Lochridge & Kilgore, LLP, 600 Congress Ave., Suite 2100, Austin, TX.  78701  Phone (512) 495-6000, Fax (512) 495-6093. (orig & 11)
09/04/2009Appendix FiledReceived (instead of filed) Appendix to Amicus (13) submitted on behalf of American Podiatric Med. Assoc'n.
09/04/2009Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief (13) submitted on behalf of American Podiatric Medical Assoc'n.  Submitted by Stacy Allen, TB# 24034185, Jackson Walker, 100 Congress Ave., Ste. 1100, Austin, TX, 78756. Tel.(512)236-2090.
08/26/2009Reply BriefEvent related to subsequent petition filed in case. PET #3's reply brief on the merits (12) filed on behalf of Texas State Board of Podiatric Med. Examiners.
08/26/2009Reply BriefEvent related to first petition filed in case. Pet's REPLY brief on the merits. On behalf of (PET 1), TX Podiatric Medical Assoc. (12)
08/07/2009Brief on the MeritsRespondent Resps' response brief on the merits.  On behalf of TX Orthopaedic Association, et al. (12)
08/07/2009Amicus Curiae Brief receivedReceived (instead of filed) On behalf of American Medical Assoc., American Assoc. of Orthopaedic Surgeons, American Orthopaedic Foot & Ankle Society, TX Academy of Family Physicians, TX Ophthalmological Assoc., TX Pediatric Society, and TX Society of Anesthesiologists.  Submitted by Samuel V. Stone, Jr.
07/15/2009Brief on the MeritsEvent related to subsequent petition filed in case. Pet#3, Texas State Board of Podiatric Medical Examiners, et al. brief on the merits (orig & 11)
06/15/2009Brief on the MeritsEvent related to first petition filed in case. PET #1's brief on the merits in support of petition for review (12) filed on behalf of Texas Podiatric Medical Association .
05/15/2009Petition Reinstated 
05/15/2009Petition Reinstated 
05/15/2009Petition Reinstated 
10/22/2008Reply to ResponseEvent related to first petition filed in case. Pet #1 Texas Podiatric Medical Assoc. reply in support of their petition for review(orig & 11)
10/08/2008Amended Response to Petition for Review filedRespondent Amended Response to PFR: correction to format (12) filed on behalf Texas Orthopaedic Assoc., et al.
10/03/2008Response to PetitionRespondent Response to Petitions for Review (12) filed on behalf of Texas Orthopaedic Assoc.
09/05/2008Appendix FiledEvent related to subsequent petition filed in case. Appendix attached to pet/rev #3.
09/05/2008Petition for Review #3Petitioner On behalf of (pet#3) TX State Board of Podiatric Medical Examiners, et al. (12)
08/06/2008Appendix FiledEvent related to subsequent petition filed in case. Appendix attached to pet/rev.
08/06/2008Petition for Review #2Petitioner On behalf of Bruce A. Scudday, DPM. (12)
08/06/2008Appendix FiledPetitioner attached to PFR
08/06/2008Petition for ReviewPetitioner PET #1's PFR appendix attached (12) field on behalf of Tex. Podiatric Med. Assoc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/19/2008Motion for Extension of Time disposed.Filing granted Unopposed m/e/t to file Tx State Board of Podiatric Medical Examiners's brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 1/21/09; Rsp br due 2/10/09; Reply br due 2/25/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
12/19/2008Motion for Extension of Time disposed.Filing granted Unopposed m/e/t to file Dr. Bruce Scudday's brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 1/21/09; Rsp br due 2/10/09; Reply br due 2/25/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
12/17/2008Motion for Extension of Time to File Brief filed  PET #2's unopposed - m/e/t to file BOM (3) filed on bhealf of Dr. Bruce A. Scudday.
12/17/2008Motion for Extension of Time to File Brief filed  PET #3's m/e/t to file BOM (3) filed on behalf of Texas State Board of Podiatric Medical Examiners.
12/09/2008Motion for Extension of Time disposed.Filing granted Unopposed m/e/t to file Tx Podiatric Medical Association's brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 1/21/09; Rsp br due 2/10/09; Reply br due 2/25/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
12/04/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pet's brief on the merits. On behalf of pet 1, TX Podriatic Medical Assoc. (12)
11/26/2008Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
11/24/2008Record Requested in Case 
11/21/2008Brief on the Merits Ordered  Brief on the merits requested:  pet br due n/l/t 3:00 p.m. on 12/22/08; Rsp br due 1/12/09; Reply br due 1/27/09; mlbx rule d/n/a
11/12/2009Notice from Counsel of a change in address  Mr. Lee Parsley's change of address:  221 W. 6th St., Ste. 960, Austin, TX, 78701 (1) filed on behalf of Texas Orthopaedic Assoc'n.
10/22/2008Reply to Response  Pet #1 Texas Podiatric Medical Assoc. reply in support of their petition for review(orig & 11)
10/10/2008Motion for leave to file brief disposedFiling granted Unopposed motion for leave to file corrected response to petition for review granted.
10/08/2008Motion for leave to file brief  RSP's unopposed Motion for leave to file amended response to PFR (12) filed on behalf of Tex. Orthopedic Assoc.
10/08/2008Amended Response to Petition for Review filed  Amended Response to PFR: correction to format (12) filed on behalf Texas Orthopaedic Assoc., et al.
10/07/2008Case forwarded to Court 
10/07/2008Case forwarded to Court 
10/07/2008Case forwarded to Court 
10/03/2008Response to Petition  Response to Petitions for Review (12) filed on behalf of Texas Orthopaedic Assoc.
09/16/2009Amicus Curiae Brief received  Amicus curiae brief on behalf of The Texas Dental Association, submitted by Ms. April E. Lucas, McGinnis, Lochridge & Kilgore, LLP, 600 Congress Ave., Suite 2100, Austin, TX.  78701  Phone (512) 495-6000, Fax (512) 495-6093. (orig & 11)
09/05/2008Appendix Filed  Appendix attached to pet/rev #3.
09/05/2008Petition for Review #3  On behalf of (pet#3) TX State Board of Podiatric Medical Examiners, et al. (12)
09/04/2009Appendix Filed  Appendix to Amicus (13) submitted on behalf of American Podiatric Med. Assoc'n.
09/04/2009Amicus Curiae Brief received  Amicus Brief (13) submitted on behalf of American Podiatric Medical Assoc'n.  Submitted by Stacy Allen, TB# 24034185, Jackson Walker, 100 Congress Ave., Ste. 1100, Austin, TX, 78756. Tel.(512)236-2090.
09/04/2008Miscellaneous motion disposed. See Remarks.Filing granted Resp's motion to exceed the page limits of response is granted.
09/04/2008Motion for Extension of Time disposed.Filing granted M/e/t to file response to petitions for review is granted.   Response is due October 5, 2008.  FURTHER REQUESTS FOR EXTS OF TIME WILL BE DISFAVORED.  
09/02/2008Phone call from Clerk's Office  Called made to Ms. Jennifer Riggs office regarding the m/e/t and m/e/l.  She is not opposed to either motion.
08/28/2008Miscellaneous Motion  RSP's motion to extend the page limits of the response incorporated with the m/e/t to file response to PFR  (12) filed on behalf of Texas Orthopaedic Assoc., et al.
08/28/2008Motion for Extension of Time to File Response  RSP's m/e/t to file response to PFR incorporated with the motion to extend the page limits of the response (12) filed on behalf of Texas Orthopaedic Assoc., et al.
08/26/2009Adopt by Reference pursuant to Tex. R. App. P. 9.7   Pet 2, Dr. Scuddy's notice of intent to JOIN in the Pet 1, TX Podiatric Medical Assoc.'s REPLY brief on the merits in further support of pet/rev. (12)
08/26/2009Reply Brief  PET #3's reply brief on the merits (12) filed on behalf of Texas State Board of Podiatric Med. Examiners.
08/26/2009Reply Brief  Pet's REPLY brief on the merits. On behalf of (PET 1), TX Podiatric Medical Assoc. (12)
08/13/2008Second Motion for Extension of Time to File Petition for Review disposedFiling granted Texas State Board of Podiatric Medical Examiner's 2nd m/e/t to file pet/rev is granted.  Pet/rev is due September 5, 2008.  Further requests will be disfavored.
08/07/2009Brief on the Merits  Resps' response brief on the merits.  On behalf of TX Orthopaedic Association, et al. (12)
08/07/2009Amicus Curiae Brief received  On behalf of American Medical Assoc., American Assoc. of Orthopaedic Surgeons, American Orthopaedic Foot & Ankle Society, TX Academy of Family Physicians, TX Ophthalmological Assoc., TX Pediatric Society, and TX Society of Anesthesiologists.  Submitted by Samuel V. Stone, Jr.
08/06/2008Appendix Filed  Appendix attached to pet/rev.
08/06/2008Petition for Review #2  On behalf of Bruce A. Scudday, DPM. (12)
08/06/2008Appendix Filed  attached to PFR
08/06/2008Petition for Review  PET #1's PFR appendix attached (12) field on behalf of Tex. Podiatric Med. Assoc.
08/06/2008Phone call from Clerk's Office  Left message for Ms. Henricks.  Requested whether or not the m/e/t is opposed, & whether a response will be filed.
08/06/2008Phone call from Clerk's Office  Spoke w/ asst. for Ms. Riggs.  She informed the Court that PET #2 is unopposed.
08/05/2008Second Motion for Extension of Time to File Petition for Review filed  PET #3's Opposed 2nd m/e/t to file pfr (12) Pet #3 - TX State Board of Podiatric Medical Examiner.
08/04/2010Case Stored  G02 Row 17 F-4
08/04/2010Record returned to Court of Appeals  Record returned to the Court of Appeals
08/04/2009Motion for Extension of Time disposed.Filing granted Tx Orthopaedic Association, et al's m/e/t to file rsp brief on the merits granted.  Rsp br due n/l/t 3:00 p.m. on 8/11/09, Reply br due 8/26/09; mlbx rule d/n/a.  Further requests for extensions of time will not be disfavored.
08/04/2009Motion for Extension of Time to File Brief filed  RSP's unopposed motion for extension of time to file brief (12) filed on behalf of Texas Orthopaedic Assoc.
08/03/2010Notice sent to Court of Appeals  Certified copy of notice sent to the Court of Appeals
07/30/2010Motion for Rehearing - DisposedDenied with Justice not sitting.
07/15/2009Brief on the Merits  Pet#3, Texas State Board of Podiatric Medical Examiners, et al. brief on the merits (orig & 11)
07/15/2009Notice received  PET #2's notice of intent to join in Texas Podiatric Medical Assoc.
07/08/2008Motion for Extension of Time to File Petition for Review disposedFiling granted Texas State Board of Podiatric Medical Examiner's m/e/t to file pet/rev is granted.   Pet/rev is due August 6, 2008.
07/08/2008Certification (various) in case received  Certificate of conference to 53.7 #3 (m/e/t to file pet/rev #3).  On behalf of TX State Board of Podiatric Medical Examiners. (1)
07/07/2008Phone call from Clerk's Office  to Mr. John Morehead.  Re: to request certificate of conference for 53.7 #3.  Left message on Mr. Morehead's VM.
07/07/2008Motion for Extension of Time to File Petition for Review filed  M/E/T to file pet/rev.  On behalf of pet #3, TX State Board of Podiatric Medical Examiner. (12)
06/29/2010Case forwarded to Court 
06/24/2010Motion for Rehearing  Petitioner 1's, TX Podiatric Medical Association, Motion for Rehearing. (3)
06/24/2009Motion for Extension of Time disposed.Filing granted TX Ortho Assoc., et al's m/e/t to file resp br to TPMA is granted.   Resp's br is due n/l/t 3pm, August 4, 2009.  Reply br is due n/l/t 3pm, August 19, 2009.  Further reqs will be disfavored.  Mailbox rule dna.
06/23/2009Motion for Extension of Time to File Brief filed  RSP's unopposed motion for extension of time to file response brief on the merits (3) filed on behalf of Texas Orthopaedic Assoc'n.
06/23/2008Motion for Extension of Time to File Petition for Review disposedFiling granted Bruce A. Scudday, D.P.M.'s M/e/t to file pet/rev is granted.   Pet/rev is due August 6, 2008.  
06/23/2008Motion for Extension of Time to File Petition for Review disposedFiling granted Texas Podiatric Medical Association's M/e/t to file pet/rev is granted.   Pet/rev is due August 6, 2008.  
06/19/2008Motion for Extension of Time to File Petition for Review #2 filed  M/E/T to file pet/rev.  On behalf of Bruce A. Scuddy, D.P.M. (12)
06/18/2010Petition for Review disposedDenied with Justice not sitting.
06/18/2010Petition for Review disposedDenied with Justice not sitting.
06/18/2010Petition for Review disposedDenied with Justice not sitting.
06/18/2008Phone call from Clerk's Office  to Ms. Henricks and Mr. Morehead.  Re: if resps opposed/unopposed to 53.7 motion.  Spoke w/Ms. Henricks, she stated that as soon as she consult w/her client, she will inform the Court whether they oppose or not.  Left msg on Mr. Morehead's VM.
06/18/2008Motion for Extension of Time to File Petition for Review filed  M/E/T to file pet/rev.  On behalf of Texas Podiatric Medical Assoc. (12)
06/15/2009Brief on the Merits  PET #1's brief on the merits in support of petition for review (12) filed on behalf of Texas Podiatric Medical Association .
06/11/2009Motion for Extension of Time disposed.Filing granted Texas State of Podiatric Medical Examiners (pet#3) m/e/t to file bom is granted.   State's br is due n/l/t 3pm, July 15, 2009.  Resp is due n/l/t 3pm, August 4, 2009.  Reply is due n/l/t 3pm, August 19, 2009.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.
06/08/2009Call received  from Mr. E. Lee Parsley to let the Court know that he is opposed to pet's m/e/t but won't be filing a response to it.
06/08/2009Phone call from Clerk's Office  to Mr. E. Lee Parsley.  RE: to inquire whether a response to pet 3's m/e/t will be file or not.  Left msg on his answering machine.  Requested call back.
06/05/2009Motion for Extension of Time to File Brief filed  M/E/T to file pet's brief on the merits. On behalf of TX State Board of Podiatric Medical Examiners. (3)
06/05/2009Designation of Lead Counsel   Designation of Lead Counsel for Pet 3, TX State Board of Podiatric Medical Examiners.  New lead counsel is Danica L. Milios.  Updated in CSM.
05/22/2009Corrected Notice sent to all counsel  Correction to briefing schedule: Pet br due 6/15/09; Rsp br due 7/6/09(corrected); Reply br due 7/21/09
05/15/2009Brief on the Merits Ordered  Brief on the merits schedule reset:  pet br due n/l/t 3:00 p.m. on 6/15/09; Rsp br due 7/6/09; Reply br due 7/21/09; mlbx rule d/n/a
05/15/2009Petition Reinstated 
05/15/2009Petition Reinstated 
05/15/2009Petition Reinstated 
05/15/2009Abatement Order Lifted  Abatement order issued 1/20/09 is lifted; petitions reinstated
04/30/2009Call received  Mr. Lee Parsley called to ask about status of the case.  He asked whether the Court would request briefs after reviewing the status reports.
04/03/2009Status report filed  Status report filed on behalf of Texas Orthopedic Association, et al. (12)
04/01/2009Status report filed  Petitioner, Texas State Board of Podiatric Medical Examiners, updated status report to the Court.  (orig & 11)
04/01/2009Letter Filed  Letter from Pet #1 & Pet #2, Texas Podiatric Medical Assn. & Dr. Bruce a. Scuddy, D.P.M., in response to their representation made in their letter of 3/23/09.  They're advising the Court about the Texas State Board of Podiatric Medical Examiners meeting  and proposed changes.
orig & 3
03/23/2009Status report filed  Status report filed on behalf of respondents, Texas Orthopaedic Assoc., et al. (orig & 11)
03/23/2009Status report filed  On behalf of pet 2, Dr. Bruce A. Scuddy, D.P.M. (12)
03/20/2009Status report filed  Status Report filed on behalf of PET 3, TX State Board of Podiatric Medical Examiners. (12)
01/20/2009Phone call from Clerk's Office  call made to all parties regarding abatement of petitions for review.
01/20/2009Abatement Order Issued 
01/20/2009Petition for Review disposedMatter in Supreme Court of Texas Abated
01/20/2009Petition for Review disposedMatter in Supreme Court of Texas Abated
01/20/2009Petition for Review disposedMatter in Supreme Court of Texas Abated
01/20/2009Motion to Abate disposedFiling granted Petitioner's joint motion to abate the appeal granted
01/20/2009Response to Motion filed  Response to PET's Joint motion to abate appeal (12) filed on behalf of Texas Orthopaedic Assoc.
01/09/2009Motion to Abate filed  Petitioner's joint motion to abate the appeal or motion to extend time to file BOM (12) filed on behalf of PET #1, #2, & #3.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/04/2010Case StoredCase stored.G02 Row 17 F-4
Parties
Party▲▼Party Type▲▼Representative▲▼
Scuddy, D.P.M., Bruce A.Petitioner 2Mr. Ronald Lynn Beal
Ms. Laura Ann Diamond
Ms. Jennifer S. Riggs
Mr. Mark J. Hanna
American Podiatric Medical AssociationAmicus CuriaeMr. Stacy Allen
Texas State Board of Podiatric Medical ExaminerPetitioner 3Mr. David S. Morales
Mr. Robert B. O'Keefe
Ms. Danica Lynn Milios
Ms. Erika M. Kane
Mr. Sean Daniel Jordan
Mr. John F. Morehead
Mr. James "Beau" Eccles
Mr. Gregory Abbott
Mr. C. Andrew Weber
Honorable Kent C. Sullivan
Texas Podiatric Medical AssociationPetitioner 1Mr. Ronald Lynn Beal
Mr. Mark J. Hanna
Ms. Allyson N. Ho
Ms. Jennifer S. Riggs
Mr. Thomas Phillips
Texas Orthopedic AssociationRespondentMs. Susan Henricks
Mr. E. Lee Parsley
Mr. Donald P. Wilcox
The Texas Dental AssociationAmicus CuriaeMs. April E. Lucas
American Medical AssociationAmicus CuriaeMr. Samuel Vaughan Stone Jr.
Court of Appeals Information:
Reversed & Rendered 
254 SW3d 714, 05-23-08 
3rd Court of Appeals 
Honorable David E. Puryear 
Trial Court Information
345th District Court 
Travis 
Honorable Darlene Byrne 
GN204022