Supreme Court

Case: 20-0117    
20-0117
02/15/2020
Petition for Review/Cause under Rule 53.1
ROBERT W. VAN BOVEN M.D., D.D.S. 
SCOTT FRESHOUR, MARGARET MCNEESE, CHRIS PALAZOLA, AMY SWANHOLM, TIMOTHY WEBB, AND SHERIF ZAAFRAN, M.D., IN THEIR OFFICIAL CAPACITIES AS OFFICERS OF THE TEXAS MEDICAL BOARD 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/01/2022Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Robert W. Van Boven, M.D., D.D.S.
05/16/2022Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Robert W. VanBoven, M.D., D.D.S.
05/03/2022Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Robert W. VanBoven, M.D., D.D.S.
02/17/2022Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Robert W. Van Boven, M.D., D.D.S.
09/28/2021Exhibits in case/cause filedPetitioner Exhibits filed on behalf of Robert W. Van Boven.
09/24/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of Ron Beal.
09/06/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of the Association of American Physicians and Surgeons.
08/31/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of the Honorable William W. Zedler received.
02/26/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received from Texas Medical Association.  Submitted by Mr. Donald P. Wilcox and Eamon J. Reilly.
02/05/2021Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Robert W. Van Boven, M.D., D.D.S.
01/22/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Ron Beal received.
01/21/2021Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Scott Freshour, et al.
01/06/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received from Ron Beal.
12/02/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Robert W. Van Boven M.D., D.D.S.
10/05/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Ron Beal received.
08/24/2020Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Robert W. Van Boven, M.D., D.D.S.
08/10/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received from Ron Beal.
08/07/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Scott Freshour, et al.
06/10/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of  Texas Medical Association submitted by Donald P. Wilcox and Eamon J. Reilly of Austin, Texas.
05/08/2020Petition for ReviewPetitioner Petition for Review filed on behalf of Robert Van Boven M.D., D.D.S.
05/07/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Ron Beal submitted.
02/19/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received from Ron Beal.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/17/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief is due January 21, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due February 5, 2021.
12/17/2020Motion 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 Scott Freshour, et al.
12/02/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Robert W. Van Boven M.D., D.D.S.
10/22/2021Letter Filed  Post-submission letter filed on behalf of Robert W. Van Boven.
10/21/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due December 2, 2020. Further requests for extensions of time for this filing will be disfavored. Response Brief due December 22, 2020. Reply Brief due January 6, 2021.
10/21/2020Motion 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 Robert W. Van Boven, M.D., D.D.S.
10/12/2021Notice of Appearance  Notice of Appearance filed on behalf of Robert W. Van Boven.
10/05/2020Amicus Curiae Letter Received  Amicus Curiae Letter of Ron Beal received.
10/04/2021Letter Filed  Letter filed on behalf of Robert W. Van Boven.
10/02/2020Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than November 2, 2020; Response brief due November 23, 2020; Reply brief due December 8, 2020.
09/29/2021Oral argument   Argued on behalf of Petitioner by Dr. Robert W. Van Boven; Argued on behalf of
Respondents by Bill Davis
09/28/2021Exhibits in case/cause filed  Exhibits filed on behalf of Robert W. Van Boven.
09/28/2021Call received  Call received from petitioner regarding Oral Argument exhibits.
09/24/2021Submission Schedule 
09/24/2021Motion to withdraw disposed ofFiling granted Motion to Withdraw Counsel and Allow Pro Se Oral Argument granted
09/24/2021Amicus Curiae Letter Received  Amicus Letter received on behalf of Ron Beal.
09/22/2021Motion to Withdraw Filed  Motion to Withdraw filed on behalf of counsel for Robert W. Van Boven.
09/20/2021Letter Received  Amicus Letter received on behalf of Ron Beal.
09/20/2021Letter Filed  Letter filed on behalf of Robert W. Van Boven.
09/20/2021Call received  Call received from petitioner regarding oral argument.
09/20/2021Oral Argument Submission Form from Attorney received  Updated Oral Argument Submission Form submitted on behalf of Robert W. Van Boven. Oral Argument will be presented by Robert W. Van Boven of Brain & Body Health Institute, P.A. from Lakeway, Texas.
09/20/2021Electronic communication received from Party  Email received from counsel for Petitioner regarding form filed.
09/20/2021Letter Filed  Letter filed on behalf of Scott Freshour, et al.
09/20/2021Electronic communication sent to Party  Email sent to counsel for Petitioner regarding form filed.
09/14/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Scott Freshour, et al. Oral Argument will be presented by Bill Davis of the Office of the Attorney General of Austin, Texas.
09/08/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Robert W. Van Boven. Oral Argument will be presented by Elin Isenhower of Winston PC of Austin, Texas.
09/06/2021Amicus Curiae Letter Received  Amicus Letter received on behalf of the Association of American Physicians and Surgeons.
09/02/2020Letter Filed  Letter regarding change of counsel filed on behalf of Scott Freshour, et al.
09/01/2021Letter sent to parties from Supreme Court - See Remarks  Additional information sent to parties regarding upcoming in-person oral arguments.  
09/01/2021Call received  Call from Petitioner regarding submission of the Amicus Letter.
08/31/2021Amicus Curiae Letter Received  Amicus Curiae Letter of the Honorable William W. Zedler received.
08/25/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Robert W. Van Boven, MD., DDS. Oral Argument will be presented by David J. Tuckfield of The AL Law Group, PLLC of Austin, TX.
08/24/2020Reply to Response  Reply in Support of Petition for Review filed on behalf of Robert W. Van Boven, M.D., D.D.S.
08/10/2020Amicus Curiae Letter Received  Amicus Curiae Letter received from Ron Beal.
08/07/2020Response to Petition  Response to Petition for Review filed on behalf of Scott Freshour, et al.
07/22/2020Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of Counsel for Respondent, Ted Ross.
07/10/2020Supreme Court of Texas Requested Response  Requested response to petition for review due no later than August 10, 2020.
07/02/2021Letter Filed  Letter filed on behalf of Respondent, designating Bill Davis as lead appellate counsel.
07/01/2022Mandate issued  Mandate & Cost Bill Issued
07/01/2022Motion to Expedite disposedFiling granted Motion to Expedite Issuance of Mandate granted
06/29/2022Reply to Response to Motion  Reply In Support of Motion to Expedite Issuance of Mandate in Accordance with the Judgment of the Supreme Court of Texas filed on behalf of Robert W. Van Boven.
06/29/2022Response to Motion filed  Response to Motion to Expedite Issuance of Mandate in Accordance with the Judgment of the Supreme Court of Texas filed on behalf of Scott Freshour, et al.
06/29/2022Call received  Call received from counsel for Respondent regarding motion.
06/29/2022Phone call from Clerk's Office  Call placed to Office of Solicitor General regarding motion to expedite issuance of mandate.
06/28/2022Call received  Call received from Petitioner regarding Motion to Expedite.
06/28/2022Motion to Expedite  Motion to Expedite Issuance of Mandate in Accordance with the Judgment of the Supreme Court of Texas filed on behalf of Robert W. Van Boven.
06/25/2021Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 29, 2021. Time allotted to argue: 20/20 minutes
06/18/2021Notice from Counsel of a change in address  Change of Address for Elin Isenhower filed on behalf of Robert W. Van Boven, M.D., D.D.S.
06/11/2021Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.  
06/11/2021Petition for Review granted 
06/10/2020Amicus Curiae Brief received  Amicus Curiae Brief of  Texas Medical Association submitted by Donald P. Wilcox and Eamon J. Reilly of Austin, Texas.
06/09/2022Call received  Call received from Petitioner, inquiring about post-decision processes and other case information.
06/09/2020Case forwarded to Court 
06/04/2020Response Waiver filed  Response Waiver filed on behalf of Scott Freshour, et al.
06/03/2022Call received  Call received from attorney regarding opinion issued.
06/03/2022Court approved judgment sent to attorneys of recordIssued
06/03/2022Dissenting opinion issued.Issued Justice Boyd filed a dissenting opinion.
06/03/2022Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court. Chief Justice Hecht delivered the opinion of the Court, in which Justice Lehrmann, Justice Devine, Justice Blacklock, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined.
(6/3/2022 3:32:56 PM) 200117d.pdf, 210117.pdf, 20-0117.jmt.pdf
06/01/2022Post submission brief filed  Post-Submission Letter Brief filed on behalf of Robert W. Van Boven, M.D., D.D.S.
05/16/2022Post submission brief filed  Post-Submission Letter Brief filed on behalf of Robert W. VanBoven, M.D., D.D.S.
05/08/2020Petition for Review  Petition for Review filed on behalf of Robert Van Boven M.D., D.D.S.
05/07/2020Amicus Curiae Letter Received  Amicus Curiae Letter of Ron Beal submitted.
05/03/2022Post submission brief filed  Post-Submission Letter Brief filed on behalf of Robert W. VanBoven, M.D., D.D.S.
04/21/2020Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review granted. Petition for Review due May 8, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
04/21/2020Third Motion for Extension of Time to File Petition for Review filed  Third Motion for Extension of Time to file Petition for Review filed on behalf of Robert W. Van Boven, M.D., D.D.S.
03/19/2021Notice from attorney regarding vacation dates  Mr. Ted A. Ross will be out of office June 7-21, 2021, filed on behalf of Scott Freshour, et al.
03/11/2020Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due April 24, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/11/2020Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Robert W. Van Boven M.D., D.D.S.
02/26/2021Amicus Curiae Brief received  Amicus Curiae Brief received from Texas Medical Association.  Submitted by Mr. Donald P. Wilcox and Eamon J. Reilly.
02/19/2020Amicus Curiae Letter Received  Amicus Curiae Letter received from Ron Beal.
02/18/2020Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than March 25, 2020.
02/18/2020Clerk's Record 
02/18/2020Supplement to Clerk's/Reporter's Record 
02/18/2020Court reporter/recorder's record 
02/18/2020Court reporter/recorder's record 
02/17/2022Post submission brief filed  Post-Submission Letter Brief filed on behalf of Robert W. Van Boven, M.D., D.D.S.
02/15/2020Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Robert W. Van Boven M.D., D.D.S.
02/05/2021Reply Brief  Reply Brief on the Merits filed on behalf of Robert W. Van Boven, M.D., D.D.S.
01/22/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Ron Beal received.
01/21/2021Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Scott Freshour, et al.
01/06/2021Amicus Curiae Letter Received  Amicus Curiae Letter received from Ron Beal.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/01/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Medical AssociationAmicus CuriaeMr. Eamon J. Reilly
Mr. Donald P. Wilcox
Association of American Physicians & SurgeonsAmicus CuriaeMs. Laurie Lynn York
Palazola, ChristopherRespondentMr. Bill Davis
Mr. Craig J. Pritzlaff
Mr. Darren Lee McCarty
Mr. Ted A. Ross
Mr. Ryan L. Bangert
Mr. Charles K. Eldred
Mr. Jeffrey C. Mateer
Atty. Gen. W. Kenneth Paxton Jr.
Van Boven, M.D., Robert W.PetitionerMr. Henry Knight
Mr. Ross Spence
Robert W. Van Boven M.D.
Mr. Eric B. Storm
Mr. R. Casey Low
Beal, RonAmicus CuriaeMr. Ronald Lynn Beal
Scott Freshour, Margaret McNeese, Timothy Webb, and Sherif Zaafran, M.D., in their Official Capacities as Offices of the Texas Medical BoardRespondentMr. Jeffrey C. Mateer
Mr. W. Kenneth Paxton
Mr. Darren Lee McCarty
Mr. Charles K. Eldred
Mr. Bill Davis
Mr. Ryan L. Bangert
Mr. Craig J. Pritzlaff
Mr. Ted A. Ross
Zedler, William W.Amicus CuriaeThe Honorable William W. Zedler
Swanholm , AmyRespondentMr. Craig J. Pritzlaff
Mr. Bill Davis
Mr. Jeffrey C. Mateer
Mr. Ryan L. Bangert
Mr. Darren Lee McCarty
Mr. Charles K. Eldred
Mr. Ted A. Ross
Atty. Gen. W. Kenneth Paxton Jr.
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
628 SW3d 513, 01-09-20 
3rd Court of Appeals 
Honorable Chari Kelly 
Trial Court Information
353rd District Court 
Travis 
Honorable Dustin Mark Howell 
D-1-GN-17-005957