Supreme Court

Case: 20-0923    
20-0923
11/16/2020
Petition for Review/Cause under Rule 53.1
JESUS VIRLAR, M.D. AND GMG HEALTH SYSTEMS ASSOCIATES, P.A., A/K/A AND D/B/A GONZABA MEDICAL GROUP 
JO ANN PUENTE 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/20/2023Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of JoAnn Puente.
10/28/2022Post submission brief filedPetitioner Post Submission Brief filed on behalf of Jesus Virlar, M.D., et al.
10/25/2022Exhibits in case/cause filedPetitioner Petitioner's Oral Argument Exhibits filed on behalf of Jesus Virlar, M.D., et al.
10/25/2022Exhibits in case/cause filedRespondent Respondent's Oral Argument Exhibits filed on behalf of Jo Ann Puente.
09/26/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the State of Texas, submitted by Kyle D. Highful, et al., of the Office of the Solicitor General, Austin, Texas.
02/08/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Jesus Virlar, M.D., et al.
01/19/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from Texas Civil Justice League submitted by George S. Christian.
12/27/2021Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Jo Ann Puente
11/04/2021Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Jesus Virlar, M.D., et al.
06/18/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Association of Defense Counsel, et al. submitted by Michael W. Eady of Thompson, Coe, Cousins & Irons, LLP of Austin, Texas.
06/16/2021Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Jesus Virlar, M.D., et al.
05/03/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of Jo Ann Puente.
01/13/2021Petition for ReviewPetitioner Petition for Review filed on behalf of Jesus Virlar, M.D., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2020Second Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
Petition for Review is due January 13, 2021.
12/28/2020Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition filed on behalf of Jesus Virlar, M.D., et al.
12/27/2021Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Jo Ann Puente
11/16/2020Motion 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 December 30, 2020.
11/16/2020Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition filed on behalf of Jesus Virlar, M.D., et al.
11/16/2020Court reporter/recorder's record 
11/16/2020Court reporter/recorder's record 
11/09/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due no later than December 27, 2021; and Reply brief is due January 11, 2022.
11/08/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Jo Ann Puente.
11/04/2021Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Jesus Virlar, M.D., et al.
11/03/2022Letter Filed  Response to Post-Submission Letter Brief filed on behalf of Jo Ann Puente.
10/28/2022Post submission brief filed  Post Submission Brief filed on behalf of Jesus Virlar, M.D., et al.
10/26/2022Oral argument   Argued on behalf of Petitioners by Diana L. Faust and Thomas R. Phillips; Argued on behalf of Respondent by William J. Chriss; Argued on behalf of Amicus Curiae, The State of Texas, by Kyle D. Highful
10/25/2022Exhibits in case/cause filed  Petitioner's Oral Argument Exhibits filed on behalf of Jesus Virlar, M.D., et al.
10/25/2022Exhibits in case/cause filed  Respondent's Oral Argument Exhibits filed on behalf of Jo Ann Puente.
10/25/2022Letter Filed  Letter filed on behalf of Jesus Virlar, M.D., et al.
10/25/2022Response to Motion filed  Response to Motion and Request to Take Judicial Notice filed on behalf of Jesus Virlar, M.D., et al.
10/24/2022Electronic communication sent to Party  Emails exchanged with counsel regarding response to Motion and Request to Take Judicial Notice.
10/21/2022Miscellaneous Motion  Motion and Request to Take Judicial Notice filed on behalf of Jo Ann Puente.
10/21/2022Record Received (See Remarks)  Clerk's Record and Reporter's Record Received.
10/21/2022Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Joint Request of Petitioners and Amicus Curiae, The State of Texas, to Allow Multiple Counsel to Sit at Counsel Table granted (Justice Huddle and Justice Young not participating)
10/19/2022Miscellaneous Motion  Unopposed Joint Request of Petitioners and Amicus Curiae, The State of Texas, to Allow Multiple Counsel to Sit at Counsel Table during October 26, 2022 Oral Argument filed on behalf of Jesus Virlar, M.D., et al.
10/17/2022Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Ms. Diana Faust with Cooper & Scully, P.C. of Dallas, Texas, filed on behalf of Jesus Virlar, M.D., et al.
10/13/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Jesus Virlar, M.D., et al. Oral Argument will be presented by Thomas R. Phillips from Baker Botts, LLP from Austin, Texas.
10/12/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of the State of Texas. Oral Argument will be presented by Kyle D. Highful of the Office of the Solicitor General, Austin, Texas.
10/07/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission received on behalf of Jo Ann Puente. Oral Argument will be presented by William J. Chriss of The Snapka Law Firm, Corpus Christi, Texas.
10/07/2022Motion to Argue disposedFiling granted Unopposed Motion for Amicus Curiae The State of Texas to Participate in Oral Argument is granted. (Justice Huddle and Justice Young not participating)
09/30/2022Miscellaneous Motion  Unopposed Motion to Participate in Oral Argument filed on behalf of Amicus Party the State of Texas.
09/26/2022Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the State of Texas, submitted by Kyle D. Highful, et al., of the Office of the Solicitor General, Austin, Texas.
09/21/2021Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is  granted. Petitioner's Brief is due November 4, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondents' Brief on the Merits is due November 24, 2020. Petitioner's Reply on the Merits is due December 9, 2021.
09/21/2021Motion 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 Jesus Virlar, M.D., et al.
09/07/2021Call received  Call received from counsel for Petitioner regarding struck document.
09/03/2021Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than October 4, 2021; Response brief due October 25, 2021; Reply brief due November 9, 2021.
09/02/2021Letter Filed  Letter filed on behalf of Jesus Virlar, M.D., et al.
09/02/2021Call received  Call received from counsel for respondent regarding proceedings in bankruptcy court.
06/24/2022Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion to Set Oral Argument After October 8, 2022 granted
06/24/2022Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 26, 2022.  Time allotted to argue: 20/20 minutes
06/18/2021Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Association of Defense Counsel, et al. submitted by Michael W. Eady of Thompson, Coe, Cousins & Irons, LLP of Austin, Texas.
06/16/2021Call received  Call received from counsel for Petitioner regarding Reply.
06/16/2021Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Jesus Virlar, M.D., et al.
06/15/2022Miscellaneous Motion  Unopposed Motion to Set Oral Argument After October 8, 2022 filed on behalf of Jesus Virlar, M.D., et al.
05/27/2022Petition for Review disposedFiling granted (Justice Huddle and Justice Young not participating)
05/27/2022Petition for Review granted 
05/10/2021MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review granted. Reply due June 17, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/10/2021Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Jesus Virlar, M.D., et al.
05/05/2023Mandate issued  Mandate & Cost Bill Issued
05/05/2023Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Huddle and Justice Young not participating)
05/03/2021Response to Petition  Response to Petition for Review filed on behalf of Jo Ann Puente.
03/25/2021Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due no later than May 5, 2021.
03/24/2021Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Jo Ann Puente.
03/21/2023Case forwarded to Court 
03/20/2023Motion for Rehearing  Motion for Rehearing filed on behalf of JoAnn Puente.
03/05/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than April 5, 2021.
02/24/2023Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to File Motion for Rehearing granted. Rehearing due no later than March 20, 2023. Further requests for extensions of time will be disfavored.
02/23/2023Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to File Motion for Rehearing filed on behalf of JoAnn Puente
02/17/2023Court approved judgment sent to attorneys of recordIssued
02/17/2023Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Busby delivered the opinion of the Court. (Justice Huddle and Justice Young not participating)
02/17/2023Miscellaneous motion disposed. See Remarks.Denied Respondent's Motion and Request to Take Judicial Notice denied
02/08/2022Reply Brief  Reply Brief on the Merits filed on behalf of Jesus Virlar, M.D., et al.
02/02/2021Case forwarded to Court 
01/26/2021Response Waiver filed  Response Waiver filed on behalf of Jo Ann Puente.
01/19/2022Amicus Curiae Brief received  Amicus Brief received from Texas Civil Justice League submitted by George S. Christian.
01/13/2021Petition for Review  Petition for Review filed on behalf of Jesus Virlar, M.D., et al.
01/04/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due February 8, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/04/2022Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioners' Reply Brief on the Merits filed on behalf of Jesus Virlar, M.D., et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/05/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Hospital AssociaitonAmicus CuriaeMr. Jim Hund
Texas Osteopathic Medical AssociationAmicus CuriaeMr. Jim Hund
Texas Association of Defense CounselAmicus CuriaeMr. Michael W. Eady
Ms. Elizabeth Z. Brabb
Office of the Attorney General - Child Support DivisionOther interested party  
Texas Medical AssociationAmicus CuriaeMr. Jim Hund
Virlar, M.D., JesusPetitionerMr. Kyle M. Burke  
Ms. Delaney J. McMullan
Mr. Bruce E. Anderson
Mr. Reagan W. Simpson
Ms. Diana L. Faust
Mr. Thomas R. Phillips
Mr. R. Brent Cooper
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
GMG Health Systems Associates, P.A. a/k/a and d/b/a Gonzaba Medical GroupPetitionerMr. R. Brent Cooper
Mr. Bruce E. Anderson
Mr. Kyle M. Burke  
Mr. Thomas R. Phillips
Ms. Diana L. Faust
Mr. Reagan W. Simpson
Ms. Delaney J. McMullan
State of TexasAmicus CuriaeAtty. Gen. W. Kenneth Paxton Jr.
Mr. Kyle D. Highful
Ms. Lanora C. Pettit
Mr. Bill Davis
Mr. Brent Webster
Mr. Judd Stone II
Puente, Jo Ann RespondentMr. Thomas B. Rhodes
Mr. Brendan K. McBride
Mr. Daniel V. Pozza
Mr. Robert Edward Brzezinski
Ms. Kathryn Snapka
Mr. Craig D. Henderson
Mr. William Chriss
Texas Alliance for Patient AccessAmicus CuriaeMr. Jim Hund
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
613 SW3d 652, 10-14-20 
4th Court of Appeals 
Honorable Liza Ann Rodriguez 
Trial Court Information
131st District Court 
Bexar 
Honorable Norma Gonzales 
2014-CI-04936