Supreme Court

Case: 16-0341    
16-0341
05/11/2016
Second Petition for Review/Cause under Rule 53.1
LARRY BOS AND MARY BOS 
CRAIG S. SMITH, INDIVIDUALLY AND AS NEXT FRIEND OF M.W.F.S., A MINOR, AND C.S.S., A MINOR, J.E.S., A MINOR, AND V.A.S., A MINOR 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/08/2018Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Craig S. Smith, et al.
08/07/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Professor Rory Ryan.
07/31/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief in Support of Motion for Rehearing received by David Crump.
04/27/2018Post submission brief filedPetitioner Response to Post-Submission Brief filed on behalf of Larry Bos, et al.
04/05/2018Post submission brief filedRespondent Respondent's Post Submission Brief filed on behalf of Craig Smith.
06/23/2017Corrected BriefPetitioner Petitioners' Corrected Reply Brief on the Merits filed on behalf of Larry Bos, et al.
06/22/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Craig S. Smith, et al.
06/22/2017Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Larry Bos, et al.
05/08/2017Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Craig S. Smith, et al.
05/08/2017Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Larry & Mary Bos.
03/03/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Craig S. Smith, et al.
03/03/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Larry Bos, et al.
11/07/2016Reply to ResponsePetitioner Reply to Petition filed on behalf of Larry Bos and Mary Bos.
10/26/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Craig Smith.
08/07/2016Reply to ResponsePetitioner Reply to Response to Cross-Petition for Review filed on behalf of Larry Bos and Mary Bos.
07/21/2016Response to PetitionRespondent Response to Conditional Cross-Petition for Review filed on behalf of Larry & Mary Bos.
06/24/2016Petition for Review #2Petitioner Conditional Cross-Petition for Review filed on behalf of Craig S. Smith, et al.
05/11/2016Petition for ReviewPetitioner Petition for Review filed on behalf of Larry & Mary Bos.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2016Description of document returned to Supreme Court  Mail returned for Marlon Bruno.
12/14/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners' Brief is due February 1, 2017; Response Brief is due February 21, 2017; Reply Brief is due March 8, 2017.
12/14/2016Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Cross-Petitioners, Craig S. Smith.
12/13/2016Description of document returned to Supreme Court  Letter to Dr. Marlon Bruno - remailed on 12/21/16!
12/06/2016Motion to substitute disposedFiling granted Unopposed Motion to Withdraw and Substitute Counsel on Appeal is granted.
12/06/2016Motion to Substitute filed  Unopposed Motion to Withdraw and Substitute Counsel on Appeal filed on behalf of Larry Bos, et al.
12/05/2016Record Requested in Case  Record requested from the 13th COA
12/02/2016Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than January 2, 2017; Response brief due January 23, 2017; Reply brief due February 7, 2017.
11/07/2016Reply to Response  Reply to Petition filed on behalf of Larry Bos and Mary Bos.
10/30/2018Description of document returned to Supreme Court  Dr. Marlon Bruno mail returned
10/26/2016Response to Petition  Response to Petition for Review filed on behalf of Craig Smith.
10/19/2018Mandate issued  Mandate & Cost Bill Issued
10/19/2018Motion for Rehearing - DisposedDenied
10/10/2017Notice from Counsel of a change in address  Notice of Change of Address for counsel Mike A. Hatchell filed on behalf of Craig S. Smith.
09/26/2016Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response to Petition for Review is due on October 26, 2016.
09/26/2016Response to Motion filed  Response to Motion for Extension of Time to file Response to Petition for Review filed on behalf of Larry Bos and Mary Bos
09/23/2016Electronic communication sent to Party  Emailed counsel for petitioner to find out if a response would be filed.
09/23/2016Motion for Extension of Time to File Response  Opposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Craig S. Smith, et al.
09/22/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 6 , 2018.  Time allotted to argue:  20/20 minutes
09/22/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 6, 2018.  Time allotted to argue:  20/20 minutes
09/22/2017Petition for Review disposedFiling granted
09/22/2017Petition for Review granted 
09/22/2017Petition for Review disposedFiling granted
09/22/2017Petition for Review granted 
08/26/2016Supreme Court of Texas Requested Response  Requested response from Craig S. Smith, et al. to Larry Bos, et al's petition for review due no later than September 26, 2016.
08/09/2016MET to file reply disposed ofFiling granted Unopposed Motion for Leave to file Reply to Response to Cross-Petition for Review filed on behalf of Larry Bos and Mary Bos has been granted. Reply was filed August 7, 2016.
08/08/2018Case forwarded to Court 
08/08/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Craig S. Smith, et al.
08/07/2018Amicus Curiae Brief received  Amicus Brief received on behalf of Professor Rory Ryan.
08/07/2016Motion to Extend Time to File Reply filed  Unopposed Motion for Leave to file Reply to Response to Cross-Petition for Review filed on behalf of Larry Bos and Mary Bos.
08/07/2016Reply to Response  Reply to Response to Cross-Petition for Review filed on behalf of Larry Bos and Mary Bos.
07/31/2018Amicus Curiae Brief received  Amicus Brief in Support of Motion for Rehearing received by David Crump.
07/26/2016Case forwarded to Court 
07/26/2016Case forwarded to Court 
07/21/2016Response to Petition  Response to Conditional Cross-Petition for Review filed on behalf of Larry & Mary Bos.
07/19/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted in part Unopposed Second Motion for Extension of Time to file Motion for Rehearing is granted in part. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Motion for Rehearing is due August 8, 2018.
07/18/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Craig S. Smith.
06/24/2016Petition for Review #2  Conditional Cross-Petition for Review filed on behalf of Craig S. Smith, et al.
06/23/2017Corrected Brief  Petitioners' Corrected Reply Brief on the Merits filed on behalf of Larry Bos, et al.
06/22/2017Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Larry Bos, et al.
06/22/2017Reply Brief  Reply Brief on the Merits filed on behalf of Craig S. Smith, et al.
06/21/2016Description of document returned to Supreme Court  Notice returned for Mr. Marlon Bruno, M.D. Messaged counsel to request updated address.
06/20/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due July 25, 2018.
06/19/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Craig S. Smith.
06/17/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Cross-Petition for Review is due on June 24, 2016.
06/13/2016Electronic communication sent to Party  Emailed Counsel for Cross Respondent to determine if a response would be filed.
06/10/2016Motion for Extension of Time to File Petition for Review #2 filed  Opposed Motion for Extension of Time to file Cross-Petition for Review filed on behalf of Craig S. Smith, et al.
06/08/2018Court approved judgment sent to attorneys of recordIssued
06/08/2018Opinion issuedIssued
06/08/2018Opinion issuedCourt affirms in part, reverses in part and renders court of appeals' judgment The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.  Justice Guzman delivered the opinion of the Court.
(6/8/2018 5:57:13 PM) 160341.pdf, 16-0341.jmt.pdf
05/19/2017Call received  Confirmed with cross-petitioner's counsel that Reply Brief of Craig S. Smith is also due June 22, 2017.
05/18/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief is granted. Further requests for extensions of time for this filing will be disfavored. Reply Brief is due June 22, 2017.
05/18/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Larry and May Bos.
05/11/2016Petition for Review  Petition for Review filed on behalf of Larry & Mary Bos.
05/08/2017Brief on the Merits  Response Brief on the Merits filed on behalf of Larry & Mary Bos.
05/08/2017Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Craig S. Smith, et al.
04/27/2018Post submission brief filed  Response to Post-Submission Brief filed on behalf of Larry Bos, et al.
04/18/2018Letter Filed  Letter advising Court that a response to post-submission brief filed on April 5, 2018, will be filed no later than April 27, 2018, filed on behalf of Larry Bos, et al.
04/18/2017Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Response Briefs on the Merits are due May 8, 2017; Reply Briefs are due May 23, 2017.
04/18/2017Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Respondents/Cross-Petitioners, Craig S. Smith, et al.
04/05/2018Post submission brief filed  Respondent's Post Submission Brief filed on behalf of Craig Smith.
03/30/2017Description of document returned to Supreme Court  From Dr. Marlon Bruno
03/16/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Response Brief on the Merits is due April 24, 2017. Further requests for extensions of time for this filing will be disfavored. Reply Brief is due May 8, 2017.
03/16/2017Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Craig S. Smith, et al.
03/03/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Larry Bos, et al.
03/03/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Craig S. Smith, et al.
02/08/2017Description of document returned to Supreme Court  Mail returned for Dr. Marlon Bruno. Updated address per Petition for Review and re-sent.
02/06/2018Submission Schedule 
02/06/2018Oral argument   Argued on behalf of petitioners/cross-respondents by Steven J. Knight; Argued on behalf of respondents/cross-petitioners by Brandy Wingate Voss
02/06/2018Oral argument   Argued on behalf of petitioners/cross-respondents by Steven J. Knight; Argued on behalf of respondents/cross-petitioners by Brandy Wingate Voss
01/25/2017Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Petitioners' Brief is due March 3, 2017; Response Brief is due March 23, 2017; Reply Brief is due April 7, 2017.
01/25/2017Notice of Appearance  Notice of Appearance of Counsel of Mike A. Hatchell, Bryan A. Garner, and Karolyne H.C. Garner filed on behalf of Craig S. Smith.
01/25/2017Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Cross-Petitioners, Craig S. Smith.
01/11/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of petitioners, Larry and Mary Bos. Oral Argument will be presented by Steven J. Knight of Chamberlain, Hrdlicka, White, Williams & Aughtry of Houston, Texas.
01/11/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of respondent/cross-petitioner, Craig S. Smith. Oral Argument will be presented by Brandy Wingate Voss of Law Offices of Brandy Wingate Voss PLLC of McAllen, Texas.
01/09/2017Case Record Filed   Electronic Appellate Record received.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/19/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Smith, Craig S.RespondentMs. Karolyne Garner  
Mr. George P. Powell
Mr. Bryan A. Garner
Ms. Allegra D. Hill
Ms. Brandy Wingate Voss  
Mr. Mike A. Hatchell
Mr. Rene D. Rodriguez
Mr. William J. Chriss
Bos-Smith, TrishaOther interested party  
Ryan, RoryAmicus CuriaeMr. Rory M Ryan
Bruno, Marlon Other interested party Dr. Marlon Bruno
Bos, LarryPetitionerMr. William A. Dudley
Mr. Stephen C. Haynes
Mr. Pablo E. Rivera Martinez
Mr. Steven Knight
Crump, DavidAmicus CuriaeMr. David Crump
Bos, MaryPetitionerMr. Steven Knight
Mr. William A. Dudley
Mr. Pablo E. Rivera Martinez
Mr. Stephen C. Haynes
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
492 SW3d 361, 03-10-16 
13th Court of Appeals 
Honorable Dori Contreras 
Trial Court Information
105th District Court 
Nueces 
Honorable Angelica Estell Hernandez 
09-6360-D