Supreme Court

Case: 16-0519    
16-0519
07/13/2016
Second Petition for Review/Cause under Rule 53.1
HONORS ACADEMY, INC., D/B/A HONORS ACADEMY AND AMERICAN YOUTHWORKS, INC., D/B/A AMERICAN YOUTHWORKS CHARTER SCHOOL 
TEXAS EDUCATION AGENCY AND MICHAEL MORATH, IN HIS OFFICIAL CAPACITY AS TEXAS COMMISSIONER OF EDUCATION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/13/2018Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Honors Academy, Inc.
01/09/2018Exhibits in case/cause filedEvent related to first petition filed in case. Oral Argument Exhibits filed on behalf of Honors Academy, Inc.
01/05/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Charter Schools Association. Submitted by Thomas A. Fuller of Arlington, Texas.
07/31/2017Reply BriefEvent related to first petition filed in case. Reply Brief on the Merits filed on behalf of Honors Academy, Inc.
07/31/2017Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of American Youthworks, Inc.
06/16/2017Brief on the MeritsRespondent Respondents' Brief on the Merits regarding American YouthWorks filed on behalf of Texas Education Agency, et al.
06/16/2017Brief on the MeritsRespondent Respondent's Brief on the Merits regarding Honors Academy, Inc. filed on behalf of Texas Education Agency, et al.
04/04/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of American YouthWorks, Inc.
03/27/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Honors Academy, Inc.
01/23/2017Reply to ResponseEvent related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of American YouthWorks, Inc.
01/20/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas League of Community Charter Schools in support of Petitioner. Brief was submitted by Richard Arnett.
01/06/2017Response to PetitionRespondent Response to Honors Academy, Inc.'s Petition for Review filed on behalf of Texas Education Agency, et al.
01/06/2017Response to PetitionRespondent Response to American Youthworks' Petition filed on behalf of Texas Education Agency, et al.
08/24/2016Petition for Review #3Petitioner Petition for Review filed on behalf of American Youthworks Charter School.
08/24/2016Petition for ReviewPetitioner Petition for Review filed on behalf of Honor Academy, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
10/29/2018Case Stored  e-stored
09/28/2018Mandate issued  Mandate & Cost Bill Issued
09/28/2018Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Blacklock not sitting)
09/11/2018Notice of Appearance  Notice of Appearance of Solicitor General, Kyle Hawkins, replacing Scott Keller.
06/13/2018Case forwarded to Court 
06/13/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Honors Academy, Inc.
05/14/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than June 13, 2018.
05/14/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Honors Academy, Inc.
05/11/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file YouthWorks' Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing due June 13, 2018.
05/11/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Petitioner’s Motion for Rehearing filed on behalf of YouthWorks, Inc.
04/27/2018Court approved judgment sent to attorneys of recordIssued
04/27/2018Concurring Opinion issued.Issued Justice Johnson delivered a concurring opinion.
04/27/2018Opinion issuedIssued
04/27/2018Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Devine delivered the opinion of the Court.  (Justice Blacklock not sitting)
(4/27/2018 12:06:12 PM) 160519c.pdf, 160519.pdf, 16-0519.jmt.pdf
01/10/2018Submission Schedule 
01/10/2018Oral argument   Argued on behalf of petitioner, American YouthWorks, Inc., by Robert A. Schulman; Argued on behalf of petitioner, Honors Academy, by David J. Campbell; Argued on behalf of respondents by Beth Klusmann (Justice Blacklock not sitting)
01/10/2018Oral argument   Argued on behalf of petitioner, American YouthWorks, Inc., by Robert A. Schulman; Argued on behalf of petitioner, Honors Academy, by David J. Campbell; Argued on behalf of respondents by Beth Klusmann (Justice Blacklock not sitting)
01/09/2018Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Honors Academy, Inc.
01/08/2018Case Record Filed   Per Counsel's letter request filed on 01-05-18, the Court of Appeals forwarded the record in case 03-14-00360-CV.
01/05/2018Letter Filed  Letter to notify the Court that the Appellate Record is incomplete, filed on behalf of Honors Academy, Inc. d/b/a Honors Academy.
01/05/2018Amicus Curiae Brief received  Amicus Curiae Brief of Texas Charter Schools Association. Submitted by Thomas A. Fuller of Arlington, Texas.
12/13/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted by petitioner, American YouthWorks, Inc. Oral Argument will be presented by Robert A. Schulman of Schulman, Lopez , Hoffer & Adelstein, LLP of San Antonio, Texas.
12/12/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted by respondents, Texas Education Agency and Michael Morath. Oral Argument will be presented by Beth Klusmann of the Office of the Attorney General, Austin Texas.
11/10/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted by petitioner, Honors Academy, Inc. Oral Argument will be presented by David J. Campbell of O'Hanlon, Demerath & Castillo of Austin, Texas.
09/01/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 10, 2018.  Time allotted to argue:  20/20 minutes
09/01/2017Petition for Review disposedFiling granted
09/01/2017Petition for Review granted 
09/01/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 10, 2018.  Time allotted to argue:  20/20 minutes
09/01/2017Petition for Review disposedFiling granted
09/01/2017Petition for Review granted 
07/31/2017Reply Brief  Reply Brief on the Merits filed on behalf of American Youthworks, Inc.
07/31/2017Reply Brief  Reply Brief on the Merits filed on behalf of Honors Academy, Inc.
06/29/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Reply Brief of American YouthWorks is due July 31, 2017. Further requests for extensions of time will be disfavored.
06/29/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due July 31, 2017.
06/28/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Honors Academy, Inc.
06/28/2017Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief filed on behalf of American Youthworks.
06/16/2017Brief on the Merits  Respondents' Brief on the Merits regarding American YouthWorks filed on behalf of Texas Education Agency, et al.
06/16/2017Brief on the Merits  Respondent's Brief on the Merits regarding Honors Academy, Inc. filed on behalf of Texas Education Agency, et al.
05/09/2017Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due on June 16, 2017; Reply Brief is due on July 3, 2017.
05/09/2017Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of the Texas Education Agency, et al.
05/02/2017Designation of Lead Counsel   Designation of David Campbell as Lead Counsel, filed on behalf of Honors Academy, Inc.
04/13/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due on May 17, 2017. Reply Brief is due on June 1, 2017.
04/13/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Texas Education Agency, et al.
04/04/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of American YouthWorks, Inc.
03/27/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Honors Academy, Inc.
03/17/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Petitioner's Brief is due March 27, 2017. Further requests for extensions of time for this filing will be disfavored. Response Brief is due April 17, 2017. Reply Brief is due May 2, 2017.
03/17/2017Motion 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 Honors Academy, Inc.
03/15/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due April 4, 2017; Respondent's brief is due April 24, 2017; and Reply brief is due May 9, 2017.
03/14/2017Motion 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 American YouthWorks, Inc.
03/07/2017Designation of Lead Counsel   Notice of Designation of Lead Counsel filed on behalf of Texas Education Agency et al.
02/23/2017Case Record Filed   Electronic Appellate Record received.
02/21/2017Record Requested in Case  Record requested from the 3rd COA
02/17/2017Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than March 20, 2017; Response brief due April 10, 2017; Reply brief due April 25, 2017.
01/23/2017Reply to Response  Reply in Support of Petition for Review filed on behalf of American YouthWorks, Inc.
01/20/2017Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas League of Community Charter Schools in support of Petitioner. Brief was submitted by Richard Arnett.
01/06/2017Response to Petition  Response to American Youthworks' Petition filed on behalf of Texas Education Agency, et al.
01/06/2017Response to Petition  Response to Honors Academy, Inc.'s Petition for Review filed on behalf of Texas Education Agency, et al.
01/06/2017Notice of Appearance  Notice of Appearance of Amanda Cochran-McCall filed on behalf of Texas Education Agency and Mike Morath, Commissioner of Education.
12/09/2016Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted. Response is due January 6, 2017. Further requests for extensions of time for this filing will be disfavored.
12/09/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Responses to Petitions filed on behalf of Texas Education Agency and Michael Morath.
12/08/2016Call received  Mr. Hughes informed the court that a motion for extension of time to file the response and notice of lead counsel will be filed.
10/28/2016Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than November 28, 2016.
09/27/2016Case forwarded to Court 
09/27/2016Case forwarded to Court 
08/24/2016Petition for Review #3  Petition for Review filed on behalf of American Youthworks Charter School.
08/24/2016Petition for Review  Petition for Review filed on behalf of Honor Academy, Inc.
07/21/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time filed on behalf of American YouthWorks, Inc. has been granted. Petition for Review is due August 24, 2016.
07/20/2016Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time filed on behalf of American YouthWorks, Inc.
07/20/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is Granted. Petition for Review is due August 24, 2016.
07/20/2016Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Azleway, Inc. d/b/a Azleway Charter School.
07/14/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted. Petition for Review is due August 24, 2016.
07/13/2016Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Honors Academy, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
No Calendar.
Parties
Party▲▼Party Type▲▼Representative▲▼
Azelway, Inc.Petitioner 2Ms. Susan G. Morrison
Mr. David Campbell
Honors Academy, Inc. d/b/a Honors AcademyPetitionerMr. Kevin T. O'Hanlon
Ms. Leslie L. McCollom
Mr. David Campbell
Michael Morath, in His Official Capacity as Texas Commissioner of EducationRespondentMr. Joseph David Hughes
Ms. Beth E. Klusmann
Mr. Jeffrey C. Mateer
Mr. Brantley David Starr
Mr. James Edward Davis
Ms. Shelley Nieto Dahlberg
Ms. Amanda Cochran-McCall  
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Kyle D. Hawkins
Texas League of Community Charter SchoolsAmicus CuriaeMr. Richard L. Arnett
American YouthWorksPetitioner 3Mr. Robert Allen Schulman
Ms. Maia K. Levenson
Texas Charter Schools AssociationAmicus CuriaeMr. Thomas Anthony Fuller
Texas Education AgencyRespondentMr. Jeffrey C. Mateer
Mr. Kyle D. Hawkins
Ms. Shelley Nieto Dahlberg
Mr. Brantley David Starr
Mr. Joseph David Hughes
Ms. Beth E. Klusmann
Mr. James Edward Davis
Ms. Amanda Cochran-McCall  
Atty. Gen. W. Kenneth Paxton Jr.
Court of Appeals Information:
Vacate and Render 
496 SW3d 244, 06-10-16 
3rd Court of Appeals 
Honorable Jeffrey L. Rose 
Trial Court Information
261st District Court 
Travis 
Honorable Orlinda L. Naranjo 
D-1-GN-14-000672