Supreme Court

Case: 17-0819    
17-0819
10/05/2017
Petition for Review/Cause under Rule 53.1
STATE OF TEXAS 
R.R.S., A JUVENILE 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/15/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of the State of Texas.
07/31/2019Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of R.R.S.
01/15/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of State of Texas.
12/22/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Department of Family and Protective Services.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted.  Further requests for extensions of time will be disfavored.  Petitioner's brief is due no later than January 16, 2019; Respondent's brief is due February 5, 2019; and Reply brief is due February 20, 2019.
12/22/2017Petition for Review  Petition for Review filed on behalf of Texas Department of Family and Protective Services.
12/14/2018Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of the State of Texas.
12/13/2017Designation of Lead Counsel   Designation of Kevin P. McCary as Lead Counsel for Petitioner, Texas Department of Family and Protective Services.
12/12/2017Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petition for Review is due on December 22, 2017.
12/12/2017Response to Motion for Extension of Time to File Petition for Review  Response to Third Motion for Extension of Time to file Petition for Review filed on behalf of R.R.S.
12/12/2017Electronic communication received from Party  Received email from respondent's counsel to notify the Court that he will file a response to the third motion to extend to file petition for review before the end of business today.
12/11/2017Electronic communication sent to Party  Contacted respondent's counsel and inquired whether they intend to file a response to the third motion to extend time to file petition for review.
12/08/2017Third Motion for Extension of Time to File Petition for Review filed  Third Opposed Motion for Extension of Time to file Petition for Review on behalf of the State of Texas.
11/30/2018Case Record Filed   Electronic Appellate Record received.
11/20/2017Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due on December 8, 2017.
11/19/2018Record Requested in Case  Record requested from the 8th COA
11/16/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than December 17, 2018; Response brief due January 7, 2019; Reply brief due January 22, 2019.
11/12/2019Call received  Call received from counsel for petitioner regarding status of case.
11/08/2017Notice requesting filing fee  Mailed fee request to Petitioner for second motion for extension of time.
11/08/2017Second Motion for Extension of Time to File Petition for Review filed  Second Opposed Motion for Extension of Time to file Petition for Review on behalf of the State of Texas.
10/22/2019Letter Received  Letter received regarding fee for Oral Argument Submission Form.
10/21/2019Call received  Call received from counsel for Petitioner regarding the fee for the Oral Argument Submission form.
10/18/2019Phone call from Clerk's Office  Call made to counsel for Petitioner regarding the fee for the Oral Argument Submission form.
10/11/2019Phone call from Clerk's Office  Call made to Petitioner regarding the fee for Petitioner's Oral Argument Submission Form.
10/11/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf Petitioner, the State of Texas. Oral Argument will be presented by Kevin P. McCary of the El Paso County Attorney's Office of El Paso, Texas.
10/10/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review has been granted. Petition for Review is due on November 8, 2017.
10/05/2017Motion for Extension of Time to File Petition for Review filed  Opposed Motion for Extension of Time to file Petition for Review filed on behalf of the State of Texas.
09/10/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of R.R.S. Oral Argument will be presented by Joshua C. Spencer of El Paso, Texas.
09/06/2019Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Third Referral to Pro Bono Program sent to allow an opportunity for the respondent to be included in the program since the Court has determined that briefs on the merits would benefit its consideration.
08/31/2018Motion for Extension of Time to File Response disposedFiling granted Fourth Motion for Extension of Time to file Response to Petition for Review granted. No further extensions of time will be considered. Response is due no later than September 11, 2018.
08/30/2019Electronic communication received from Party  Supplement to Record received.
08/30/2019Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 7, 2020.  Time allotted to argue: 20/20 minutes
08/30/2019Petition for Review disposedFiling granted
08/30/2019Petition for Review granted 
08/27/2018Motion for Extension of Time to File Response  Fourth Motion for Extension of Time to file Response to Petition for Review filed on behalf of R.R.S.
08/27/2018Response to Motion filed  Petitioner's Response in Opposition to Respondent's Motion for Leave to file "Out of Time" Motion for Extension of Time to file Response filed on behalf of Texas Department of Family and Protective Services.
08/27/2018Call received  From Mr. Spencer's office to let the Court know that they're going to be filing another m/e/t.
08/24/2018Phone call from Clerk's Office  To Mr. Spencer's office in re:  requested response due on 8/3/18!
08/15/2019Reply Brief  Reply Brief on the Merits filed on behalf of the State of Texas.
08/08/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief filed July 31, 2019. Reply Brief on the Merits due August 15, 2019.
08/08/2019Call received  Call received from counsel for TDFPS asking if the Motion for Extension of Time to file Respondent's Brief on the Merits had been disposed of yet. He also asked if there was a due date set for the Reply Brief.
08/07/2019Response to Motion filed  Response to Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of the State of Texas
08/06/2019Electronic communication sent to Party  Email sent to counsel for Petitioner regarding opposed Motion for Extension of Time to file Response Brief on the Merits.
08/05/2019Phone call from Clerk's Office  Call made to counsel for Respondent regarding struck documents.
08/01/2019Motion for Extension of Time to File Brief filed  Opposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of R.R.S.
07/31/2019Brief on the Merits  Response Brief on the Merits filed on behalf of R.R.S.
07/26/2019Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Second Referral to Pro Bono Program sent to allow an opportunity for the respondent to be included in the program since the Court has determined that briefs on the merits would benefit its consideration.
07/26/2018Motion for Extension of Time to File Response disposedFiling granted Third Motion for Extension of Time to file Response to Petition for Review has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Response is due on August 3, 2018.
07/25/2018Response to Motion filed  Response to Motion for Extension of Time to file Response filed on behalf of the State of Texas.
07/25/2018Motion for Extension of Time to File Response  Third Motion for Extension of Time to file Response to Petition for Review filed on behalf of R.R.S.
07/25/2018Phone call from Clerk's Office  To Mr. Spencer's office in re:  requested response.
06/05/2018Motion for Extension of Time to File Response disposedFiling granted Respondent's Motion for Extension of Time to File Response granted.  Response due no later than June 20, 2018.  Further requests for extensions of time will not be considered.
06/04/2018Motion for Extension of Time to File Response  Respondent's Motion for Extension to File Response filed on behalf of R.R.S.
05/07/2018Response to Motion filed  Response to Motion for Extension of Time to file Response to Petition for Review filed on behalf of the State of Texas.
05/07/2018Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted in part.  Further requests for extensions of time will be disfavored.  Response is due no later than June 6, 2018.
05/07/2018Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of R.R.S.
05/01/2020Mandate issued  Mandate & Cost Bill Issued
04/06/2018Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 7, 2018.
03/29/2019Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Referral to Pro Bono Program sent to allow an opportunity for the respondent to be included in the program since the Court has determined that briefs on the merits would benefit its consideration.
03/27/2020Court approved judgment sent to attorneys of recordIssued
03/27/2020Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Boyd delivered the opinion of the Court.
(3/27/2020 4:26:34 PM) 170819.pdf, 17-0819.jmt.pdf
02/27/2018Case forwarded to Court 
01/23/2018Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due on February 21, 2018.
01/22/2018Electronic communication sent to Party  Contacted petitioner's counsel and inquired whether they intend to file a response to the opposed motion to extend time to file response.
01/22/2018Motion for Extension of Time to File Response  Opposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of the R.R.S.
01/15/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of State of Texas.
01/07/2020Oral argument   Argued on behalf of petitioner by Kevin P. McCary; Argued on behalf of respondent by Joshua C. Spencer
01/03/2020Submission Schedule 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/01/2020Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Department of Family and Protective ServicesPetitionerAmy Suzanne Monsivais
Ms. Jo Anne Bernal
Mr. Mark Sanders Burtner
Mr. Ruben Gabriel Duarte
Mr. Michael Gomez
Ms. Lucila Lorena Flores-Camarena
Mr. Kevin Paul McCary
S., R. R.RespondentR. R. S.
Mr. Joshua C. Spencer
Court of Appeals Information:
Reverse & Remand 
536 SW3d 67, 08-25-17 
8th Court of Appeals 
Honorable Gina M. Palafox  
Trial Court Information
65th District Court 
 
Honorable Yahara Lisa Gutierrez 
1500853