Supreme Court

Case: 12-0728    
12-0728
09/06/2012
Third Petition for Review/Cause under Rule 53.1
IN THE INTEREST OF K.M.L., A CHILD 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/19/2013Post submission brief filedEvent related to subsequent petition filed in case. Post-Submission Letter Brief filed on behalf of Angali Tarneja.
06/26/2013Exhibits in case/cause filedEvent related to first petition filed in case. Oral Argument Exhibits filed on behalf of M.L.
06/26/2013Exhibits in case/cause filedEvent related to subsequent petition filed in case. Oral Argument Exhibits filed on behalf of J.A.J.
04/05/2013Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Angali Tarneja. (HARD COPIES REC'D)
04/05/2013Reply BriefEvent related to first petition filed in case. Petitioner 1, Melissa LeValley’s Reply Brief on the Merits to Respondents’ Response Brief to her Waiver to the Brief on the Merits. (HARD COPIES REC'D)
03/28/2013Brief on the MeritsRespondent Response Brief on the Merits to Melissa Levalley filed on behalf of the Texas Department of Family and Protective Services.  (HARD COPIES REC'D)          
03/26/2013Brief on the MeritsRespondent Response Brief on the Merits to Angali Tarneja filed on behalf of the Texas Department of Family and Protective Services.  (HARD COPIES REC'D)
03/26/2013Brief on the MeritsRespondent Response Brief on the Merits to John Andrew James Waiver filed on behalf of the Texas Department of Family and Protective Services.  (HARD COPIES REC'D)
03/15/2013Waiver of Brief on the MeritsPetitioner Brief Waiver filed on behalf of Melissa Le Valley. HARD COPIES RECEIVED.
03/14/2013Brief on the MeritsEvent related to subsequent petition filed in case. Petitioner's Brief on the Merits filed on behalf of Angali Tarneja. (HARD COPIES REC'D)
03/13/2013Waiver of Brief on the MeritsEvent related to subsequent petition filed in case. Brief Waiver filed on behalf of John Andrew James.  (HARD COPIES REC'D)
11/28/2012Response to PetitionRespondent Response to Petition for Review filed on behalf of the Texas Department of Family and Protective Services.  (HARD COPIES REC'D)
11/07/2012Redrafted Petition for ReviewEvent related to subsequent petition filed in case. Second Redrafted Petition for Review filed on behalf of Angali Tarneja.  (HARD COPIES REC'D)
10/26/2012Redrafted Petition for ReviewEvent related to subsequent petition filed in case. Redrafted Petition for Review filed on behalf of Angali Tarneja.  (HARD COPIES REC'D 11/1/12)
10/15/2012Petition for Review #3Petitioner Petition for Review filed on behalf of Angali Tarneja, Individually and as Guardian of Melissa LeValley.
09/27/2012Response to PetitionRespondent Response to Petition for Review #1. On behalf of Texas Department of Family and Protective Services.
09/25/2012Response to PetitionRespondent Response to Petition of  John Andrew James filed on behalf of respondent's, Tx. Dept. of Family & Protective Services.
09/10/2012Petition for Review #2Petitioner Petition for Review #2 filed on behalf of John Andrew James.  (HARD COPIES REC'D)
09/06/2012Petition for Review (Parental Termination)Petitioner Petition for Review filed on behalf of Melissa Levalley.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/09/2015Designation of Lead Counsel   Notice of Designation of Mark Zuniga as lead counsel, filed on behalf of the Texas Department of Family and Protective Services.
12/06/2012Description of document returned to Supreme Court  Letter to Ms. Teressa Anderson - called and spoke to Ms. Anderson and obtained new address. Told her to efile a change of address letter.
11/28/2012Response to Petition  Response to Petition for Review filed on behalf of the Texas Department of Family and Protective Services.  (HARD COPIES REC'D)
11/13/2012Supreme Court of Texas Requested Response  Requested response to petition for review filed on behalf of Angali Tarneja due no later than 11/28/12.
11/07/2012Redrafted Petition for Review  Second Redrafted Petition for Review filed on behalf of Angali Tarneja.  (HARD COPIES REC'D)
11/02/2012Phone call from Clerk's Office  Call made to attorney Kerry Hagan to let him know the petition no behalf of Angali Tarnej is struck pursuant to Texas Rule of Appellate Procedure due no later than 11/6/12. Left voicemail.
11/02/2012Petition for Review disposedFiled document is struck by the Court Petition for Review filed on behalf of Angali Tarneja, Individually and as Guardian of Melissa LeValley struck pursuant to Texas Rule of Appellate Procedure 53.6; redrafted petition due no later than 11/6/12.
10/26/2012Redrafted Petition for Review  Redrafted Petition for Review filed on behalf of Angali Tarneja.  (HARD COPIES REC'D 11/1/12)
10/19/2012Petition for Review disposedFiled document is struck by the Court Petition for Review filed on behalf of Angali Tarneja, Individually and as Guardian of Melissa LeValley struck pursuant to Texas Rule of Appellate Procedure 53.6; redrafted petition due no later than 10/26/12.
10/15/2012Petition for Review #3  Petition for Review filed on behalf of Angali Tarneja, Individually and as Guardian of Melissa LeValley.
10/09/2014Record returned to Court of Appeals  Record Returned to the 9th Court of Appeals
10/09/2014Mandate issued  Mandate & Cost Bill Issued
10/08/2014Miscellaneous motion disposed. See Remarks.Denied Motion to Refer Case to Mediation denied
09/29/2014Miscellaneous Motion  Opposed Motion to Refer Case to Mediation filed on behalf of Angali Tarneja, et al.
09/28/2012Motion for Extension of Time disposed.Filing granted Response to Melissa's Petition was filed in this office on Sept 27, 2012.
09/27/2012Motion for Extension of Time to File Response  Motion for Extension of Time in which to File Response to Melissa’s Petition for Review.  On behalf of Texas Department of Family and Protective Service.
09/27/2012Response to Petition  Response to Petition for Review #1. On behalf of Texas Department of Family and Protective Services.
09/25/2012Response to Petition  Response to Petition of  John Andrew James filed on behalf of respondent's, Tx. Dept. of Family & Protective Services.
09/21/2012Phone call from Clerk's Office  Call made to attorney Kerry Carl Hagan who sent a letter stating he will be filing a petition on behalf of a third petitioner on or before October 8, 2012.  Asked that he efile the letter he mailed to our Court.  Left voicemail.
09/10/2012Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than 9/25/12.
09/10/2012Affidavit of Inability to Pay Court Costs  Affidavit of Inability to Pay Court Costs filed on behalf of Petitioner #2, James Andrew James.
09/10/2012Petition for Review #2  Petition for Review #2 filed on behalf of John Andrew James.  (HARD COPIES REC'D)
09/07/2012Affidavit of Inability to Pay Court Costs  Affidavit of Inability to Pay Court Costs filed on behalf of Melissa Levalley.  (HARD COPIES REC'D)
09/06/2012Petition for Review (Parental Termination)  Petition for Review filed on behalf of Melissa Levalley.  (HARD COPIES REC'D)
08/29/2014Court approved judgment sent to attorneys of recordIssued
08/29/2014Dissenting opinion issued.Issued Justice Johnson delivered an opinion dissenting in part, in which Justice Boyd joined.
08/29/2014Concurring Opinion issued.Issued Justice Lehrmann delivered a concurring opinion, in which Justice Devine joined.
08/29/2014Opinion issuedIssued
08/29/2014Opinion issuedIssued
08/29/2014Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case, in part, to the trial court and, in part, to the court of appeals.
Justice Green delivered the opinion of the Court, in which Chief Justice Hecht, Justice Willett, Justice Guzman, and Justice Brown joined, and in which Justice Johnson and Justice Boyd joined except as to Parts II.B, II.D, and IV, and in which Justice Lehrmann and Justice Devine joined except as to Parts III and IV.
(8/29/2014 12:51:06 PM) 12-0728.jmt.pdf, 120728d.pdf, 120728c.pdf, 120728.pdf
07/19/2013Post submission brief filed  Post-Submission Letter Brief filed on behalf of Angali Tarneja.
06/26/2013Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of M.L.
06/26/2013Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of J.A.J.
06/24/2013Oral argument   argued on behalf of petitioners by Kathleen Matheu and Diane Macfarlane; argued on behalf of respondent by Luisa P. Marrero
06/24/2013Oral argument   argued on behalf of petitioners by Kathleen Matheu and Diane Macfarlane; argued on behalf of respondent by Luisa P. Marrero
06/24/2013Oral argument   argued on behalf of petitioners by Kathleen Matheu and Diane Macfarlane; argued on behalf of respondent by Luisa P. Marrero
05/29/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Diane Macfarlane of the Law Office of Diane Macfarlane, P.O. Box 3466, Longview, TX 75606-3466 on behalf of John Andrew James.
05/29/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Kathleen Matheu of the Law Office of Kathleen Matheu, 50 Cedar Ave., Coldspring, TX 77331 on behalf of Melissa LeValley.
05/28/2013Oral Argument Submission Form from Attorney received  Oral Argument Submission form filed on behalf of DFPS.
05/24/2013Miscellaneous motion disposed. See Remarks.Denied Motion for Leave to Extend Number of Counsel Appearing at Oral Argument denied. (See Tex. R. App. P. 59.4)
05/17/2013Submission resetCase set for oral argument Oral argument reset for 9:00 a.m., June 24, 2013.  Time allotted to argue: 20/20 minutes.
05/17/2013Submission resetCase set for oral argument Oral argument reset for 9:00 a.m., June 24, 2013.  Time allotted to argue: 20/20 minutes.
05/17/2013Submission resetCase set for oral argument Oral argument reset for 9:00 a.m., June 24, 2013.  Time allotted to argue: 20/20 minutes.
05/16/2013Phone call from Clerk's Office  The Clerk called all of the attorneys appearing at oral argument to inform them that the argument date will be rescheduled.
05/15/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Diane MacFarlane on behalf of John James.
05/15/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Kerry Hagan on behalf of Angali Tarneja.
05/15/2013Miscellaneous Motion  Opposed Motion for Leave to Extend Number of Counsel Appearing at Oral Argument filed on behalf of Angali Tarneja, Melissa LeValley, and John Andrew James.
05/15/2013Oral Argument Submission Form from Attorney received  Oral argument will be presented by Kathleen Matheu of the Law Office of Kathleen Matheu 50 Cedar Ave., Coldsprings, TX 77331 on behalf of Melissa LeValley, Petitioner 1.
05/15/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by: Luisa P. Marrero; TDFPS, 2401 Ridgeport Drive, Bldg H-2, Mailcode: Y-956, Austin, TX 78754.
05/03/2013Case set for oral argument  This case has been set for oral argument at 9:00 a.m., June 3, 2013.  Time allotted to argue: 20/20 minutes.
05/03/2013Case set for oral argument  This case has been set for oral argument at 9:00 a.m., June 3, 2013.  Time allotted to argue: 20/20 minutes.
05/03/2013Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., June 3, 2013.  Time allotted to argue: 20/20 minutes.
05/03/2013Petition for Review disposedFiling granted
05/03/2013Petition for Review granted 
05/03/2013Petition for Review disposedFiling granted
05/03/2013Petition for Review granted 
05/03/2013Petition for Review disposedFiling granted
05/03/2013Petition for Review granted 
04/05/2013Reply Brief  Reply Brief on the Merits filed on behalf of Angali Tarneja. (HARD COPIES REC'D)
04/05/2013Reply Brief  Petitioner 1, Melissa LeValley’s Reply Brief on the Merits to Respondents’ Response Brief to her Waiver to the Brief on the Merits. (HARD COPIES REC'D)
03/29/2013Motion for Extension of Time disposed.Filing granted Response brief due 03/28/13; Reply brief due 04/05/13; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/28/2013Brief on the Merits  Response Brief on the Merits to Melissa Levalley filed on behalf of the Texas Department of Family and Protective Services.  (HARD COPIES REC'D)          
03/28/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Response Brief on the Merits filed on behalf of the Texas Department of Family and Protective Services.
03/26/2013Brief on the Merits  Response Brief on the Merits to Angali Tarneja filed on behalf of the Texas Department of Family and Protective Services.  (HARD COPIES REC'D)
03/26/2013Brief on the Merits  Response Brief on the Merits to John Andrew James Waiver filed on behalf of the Texas Department of Family and Protective Services.  (HARD COPIES REC'D)
03/18/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Petitioner's Brief on the Merits was filed on March 14, 2013.  Respondent's Brief is due March 26, 2013.  Reply Brief is due April 3, 2013.
03/15/2013Waiver of Brief on the Merits  Brief Waiver filed on behalf of Melissa Le Valley. HARD COPIES RECEIVED.
03/14/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief filed on behalf of Angali Tarneja.
03/14/2013Certification (various) in case received  Certificate of Compliance stating the word count filed on behalf of Angali Tarneja.
03/14/2013Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Angali Tarneja. (HARD COPIES REC'D)
03/13/2013Waiver of Brief on the Merits  Brief Waiver filed on behalf of John Andrew James.  (HARD COPIES REC'D)
03/13/2013Phone call from Clerk's Office  Spoke with Ms. Matheu.  Requested that she electronically file the Appellant's Brief she is relying on with a cover letter combined together.  Suggested that she contact Ms. Hagan for help, since she has already filed a similar filing correctly.
02/27/2013Case Record Filed   Clerk's record (1V), reporter's record (8 V - V 6-8 labeled as EXHIBITS, also V1 of V 1-8 has a CD), supp reporter's record (10 volumes - Vol. filed on 5/16/11 w/disk, Vol. filed on 9/16/11 w/CD), ant(Angali Tarneja) br, ant (John Andrew James) br, ant (Melissa Levalley), ape's br, ant (Melissa Levalley) reply br, ant (Melissa Levaley) mo/re, ant (Angali Tarneja) mo/re, ant (John Andrew James) mo/re, judgment (non-blue backed), opinion & dissenting opinion attached (non-blue backed)
02/26/2013Record Requested in Case 
02/26/2013Brief on the Merits Ordered  Expedited briefs requested:  Petitioners' briefs due no later than 3/13/13; Response brief due 3/25/13; Reply brief due 4/2/13.
02/06/2015Case Stored  G02 Row 14 D-1 (2 vols)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/06/2015Case StoredCase stored.G02 Row 14 D-1 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Department of Family and Protective Services RespondentMs. Luisa P. Marrero
Mr. Michael Shulman
Mr. Mark T. Zuniga
Ms. Susan Marie Wolfe
Mr. Eric Tek Tai
Anderson, Teressa Other interested party Ms. Teressa Anderson
Levalley, MelissaPetitioner 1Ms. Kathleen E. Matheu  
Attorney ad LitemOther interested party Ms. Melissa Leanne Hannah  
Tarneja, AngaliPetitioner 3Mr. Kerry C. Hagan
James, John AndrewPetitioner 2Mr. Michael L. Davis  
Ms. Diane Macfarlane Robinson
Court of Appeals Information:
Affirmed  
442 SW3d 396, 05-31-12 
9th Court of Appeals 
Honorable H. Hollis Horton 
Trial Court Information
258th District Court 
San Jacinto 
Honorable Sam Bournias 
CV12,547