Supreme Court

Case: 19-0954    
19-0954
10/23/2019
Petition for Review originally filed as 53.7(f)
IN THE MATTER OF THE EXPUNCTION OF L.B. 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/14/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of L.B.
04/20/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of El Paso County.
02/10/2020Redrafted Petition for ReviewPetitioner Redrafted Petition for Review filed on behalf of L.B.
11/01/2019Petition for ReviewPetitioner STRUCK | Petition for Review filed on behalf of L.B.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/10/2019Phone call from Clerk's Office  Call made to counsel for relator regarding returned filings.
12/10/2019Miscellaneous motion disposed. See Remarks.Filed document is struck by the Court Motion for Extension of Time to file Redrafted Petition for Review does not comply with Texas Rules of Appellate Procedure 9.5(e), 10.1(a)(2), and 10.1(a)(5) and is struck. A Redrafted Motion for Extension of Time to file Redrafted Petition for Review is due December 20, 2019.
12/09/2019Phone call from Clerk's Office  Call made to the Eighth Court of Appeals inquiring about the Judgment.
12/06/2019Call received  Call received from counsel for petitioner regarding returned filings.
12/04/2019Phone call from Clerk's Office  Call made to counsel for Petitioner regarding resubmitting the returned documents.
11/20/2020Court approved judgment sent to attorneys of recordIssued
11/20/2020Petition for Review disposedPetition granted motion under TRAP 56.3 Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, vacates the judgments of the court of appeals and trial court, and remands the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
(11/20/2020 3:07:06 PM) 19-0954.jmt.pdf
11/20/2020Motion to dismiss disposedFiling granted Motion to Dismiss and Effectuate Settlement Agreement granted
11/18/2019Miscellaneous Motion  STRUCK | Motion for Extension of Time to file Redrafted Petition for Review filed on behalf of L.B.
11/18/2019Call received  Call received from counsel for petitioner regarding returned filings.
11/15/2019Call received  Call received from counsel for petitioner regarding returned filings.
11/09/2020Motion to dismiss  Motion to Dismiss and Effectuate Settlement Agreement filed on behalf of State of Texas.
11/08/2019Petition for Review disposedFiled document is struck by the Court Petition for Review violates Texas Rules of Appellate Procedure 53.2(k)(1), 9.4(h), 9.4(j)(4), 9.5(e), 9.8, 9.9, and Misc, Docket No. 15-9158 and is struck. Redrafted Petition for Review is due November 18, 2019.
11/08/2019Motion for Extension of Time to File Petition for Review disposedFiled document is struck by the Court Motion for Extension of Time to file Petition for Review violates Texas Rules of Appellate Procedure 9.4(j)(2), 9.4(h), 9.5(e), and 10.1(a)(5) and is struck. Redrafted Motion is due November 18, 2019.
11/05/2019Phone call from Clerk's Office  Call made to counsel for Petitioner regarding returned filings.
11/01/2019Petition for Review  STRUCK | Petition for Review filed on behalf of L.B.
11/01/2019Phone call from Clerk's Office  Call made to counsel for petitioner regarding returned motion.
10/23/2019Motion for Extension of Time to File Petition for Review filed  STRUCK | Motion for Extension of Time to file Petition for Review filed on behalf of L.B.
10/23/2019Clerk's Record 
10/23/2019Court reporter/recorder's record 
10/23/2019Court reporter/recorder's record 
10/23/2019Clerk's Record 
10/19/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due November 9, 2020. Reply Brief due November 24, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
10/19/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of The State of Texas.
10/08/2020Call received  Call received from Mr. Gibson regarding the status of the case.
10/08/2020Call received  Call received from respondent regarding status of case.
09/09/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due October 8, 2020. Reply Brief due October 23, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/09/2020Call received  Call received from counsel for petitioner regarding settlement of case.
09/09/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of The State of Texas.
08/14/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of L.B.
08/13/2020Call received  Call received from counsel for petitioner regarding status of briefing.
07/22/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief on the Merits is due on August 19, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due on September 8, 2020. Reply Brief is due on September 23, 2020.
07/22/2020Call received  Call received from counsel for petitioner regarding returned filing.
07/21/2020Motion 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 L.B.
07/20/2020Call received  Call received from counsel.
07/08/2020Call received  Call received from counsel for petitioner regarding briefing deadlines.
06/19/2020Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 20, 2020; Response brief due August 10, 2020; Reply brief due August 25, 2020.
04/20/2020Response to Petition  Response to Petition for Review filed on behalf of El Paso County.
03/20/2020Supreme Court of Texas Requested Response  Requested response to petition for review due no later than April 20, 2020.
02/18/2020Case forwarded to Court 
02/11/2020Response Waiver filed  Response Waiver filed on behalf of the State of Texas.
02/10/2020Redrafted Petition for Review  Redrafted Petition for Review filed on behalf of L.B.
02/05/2020Call received  Call received from counsel for petitioner regarding returned filings.
01/13/2020Call received  Call received from petitioner regarding resubmission of petition for review.
01/10/2020Phone call from Clerk's Office  Call made to counsel for petitioner regarding mistake in notices and corrected notice to be sent.
01/10/2020Letter sent to parties from Supreme Court - See Remarks  Notice sent to counsel for petitioner regarding struck filings. Resubmission of these items are due January 21, 2020.
01/10/2020Call received  Call received from Respondent regarding Notices sent out 01-09-20.
01/09/2020Phone call from Clerk's Office  Call made to counsel regarding struck documents and date redrafts are due.
01/09/2020Information from Supreme Court sent to party/parties  Notice sent to counsel for petitioner regarding struck filings. Resubmission of these struck items are due January 21, 2020.
01/05/2021Mandate issued  Mandate & Cost Bill Issued
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/05/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
L.B.PetitionerMr. Michael R. Gibson
Texas Department of Family and Protective ServicesRespondentMs. Jo Anne Bernal
Mr. Jaime E. Esparza
Mr. Kevin Paul McCary
Court of Appeals Information:
Affirmed  
587 SW3d 472, 08-28-19 
8th Court of Appeals 
Honorable Yvonne Rodriguez 
Trial Court Information
409th District Court 
El Paso 
Honorable Sam Medrano 
2017DCV0710