Supreme Court

Case: 22-0420    
22-0420
05/25/2022
Petition for Review/Cause under Rule 53.1
IN THE INTEREST OF J.S., A CHILD 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/14/2023Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of the Texas Department of Family and Protective Services.
02/05/2023Post submission brief filedRespondent Respondent's Post Submission Brief filed on behalf of S.R.
02/01/2023Exhibits in case/cause filedRespondent Respondent's Oral Argument Exhibits filed on behalf of S.R.
11/22/2022Brief on the MeritsPetitioner's Reply Brief Reply Brief on the Merits filed on behalf of the Texas Department of Family and Protective Services.
11/14/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of S.R.
10/24/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Department of Family and Protective Services.
09/30/2022Petition Reinstated 
09/13/2022Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of S.R.
06/27/2022Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of TDFPS.
05/25/2022Petition for Review (Parental Termination)Petitioner Petition for Review filed on behalf of Texas Department of Family and Protective Services.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
07/28/2023Mandate issued  Mandate & Cost Bill Issued
06/16/2023Court approved judgment sent to attorneys of recordIssued
06/16/2023Concurring Opinion issued.Issued Justice Boyd filed a concurring opinion.
06/16/2023Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Busby delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Blacklock, Justice Bland, Justice Huddle, and Justice Young joined.
(6/16/2023 1:48:39 PM) 220420c.pdf, 220420.pdf, 22-0420.jmt.pdf
02/23/2023Motion to withdraw disposed ofFiling granted Unopposed Motion to Withdraw Cody Rutowski as Counsel is granted.
02/23/2023Motion to Withdraw Filed  Unopposed Motion to Withdraw and Substitute Counsel filed on behalf of the Texas Department of Family and Protective Services.
02/23/2023Notice of Appearance  Notice of Appearance and Designation as Lead Counsel for Allison Collins filed on behalf of the Texas Department of Family and Protective Services.
02/14/2023Post submission brief filed  Post-Submission Letter Brief filed on behalf of the Texas Department of Family and Protective Services.
02/05/2023Post submission brief filed  Respondent's Post Submission Brief filed on behalf of S.R.
02/02/2023Oral argument   Argued on behalf of Petitioner by Cody Rutowski; Argued on behalf of Respondent  by Tina Hall Montoya
02/01/2023Exhibits in case/cause filed  Respondent's Oral Argument Exhibits filed on behalf of S.R.
02/01/2023Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties stating: "Per the electronic communication sent earlier today, due to the inclement weather, the Supreme Court of Texas will hold all causes for oral submission set for Thursday, February 2, 2023 via Zoom.  
The cases will begin on the hour in the order that they are listed on the submission schedule.  Please note the Court has rearranged the causes so oral arguments for this date are not in numeric order.  The first case will begin at 9:00 am. The second case at 10:00 am. And the third case will begin at 11:00 am. Please join the Zoom session no later than 10 minutes prior to the beginning of your oral argument."
02/01/2023Electronic communication sent to Party  Email sent to counsel notifying them that oral argument will be held via Zoom due to inclement weather.
02/01/2023Phone call from Clerk's Office  Calls placed to counsel to inform them that Oral Argument will take place via Zoom.
02/01/2023Phone call from Clerk's Office  Call made to counsel for Petitioner regarding arrangements for Oral Argument.
02/01/2023Call received  Call received from counsel for Respondent regarding Oral Argument.
02/01/2023Call received  Call received from counsel regarding Oral Arguments.
01/31/2023Phone call from Clerk's Office  Call made to counsel regarding Oral Arguments.
01/18/2023Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Ms. Tina Hall Montoya with Law Offices of Tina M. Hall, OLLC, filed on behalf of S.R.
01/18/2023Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Cody Rutowski with Office of the Attorney General, filed on behalf of Texas Department of Family & Protective Services.
01/09/2023Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., February 2, 2023. Time allotted to argue: 20/20 minutes
01/09/2023Motion to postpone submission date disposedFiling granted Motion to Postpone Oral Argument granted.  Cause is reset for oral argument on February 2, 2023.  
01/09/2023Motion to postpone submission date filed  Unopposed Motion to Postpone Oral Argument filed on behalf of S.R.
01/06/2023Submission Schedule  Oral Argument Reset per motion to postpone. Oral argument set for February 2, 2023.
01/06/2023Call received  Call received from counsel for Respondent to inform the court that she's losing her voice in advance of oral argument.
12/21/2022Record Received (See Remarks) 
12/16/2022Oral Argument Submission Form from Attorney received  Respondent's Oral Argument Submission Form filed on behalf of S.R. Oral Argument will be presented by Tina Hall Montoya of Heath, Texas.
12/16/2022Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Cody Tutowski with Office of the Texas Attorney Genreal, filed on behalf of Texas Department of Family & Protective Services.
11/22/2022Brief on the Merits  Reply Brief on the Merits filed on behalf of the Texas Department of Family and Protective Services.
11/14/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of S.R.
10/24/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Department of Family and Protective Services.
10/14/2022Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Briefs on the Merits is granted. Petitioner's Brief on the Merits is due no later than October 24, 2022. Respondent's Brief on the Merits is due November 14, 2022. Petitioner's Reply Brief on the Merits is due November 22, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
10/13/2022Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Briefs on the Merits filed on behalf of the Department of Family and Protective Services and S.R.
10/12/2022Notice from Counsel of a change in address  Change of Address filed on behalf of S.R.
10/05/2022Notice of Appearance  Notice of Appearance filed on behalf of Department of Family and Protective Services.
09/30/2022Brief on the Merits Ordered  Expedited brief on the merits requested: Petitioner's brief due no later than October 17, 2022; Response brief due October 27, 2022; Reply brief due no later than November 4, 2022.
09/30/2022Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 11, 2023. Time allotted to argue: 20/20 minutes
09/30/2022Petition for Review disposedFiling granted
09/30/2022Petition for Review granted 
09/30/2022Petition Reinstated 
09/30/2022Previous Order of the Court withdrawn  Denial of petition for review on June 10, 2022 is withdrawn.
09/30/2022Motion for Rehearing - DisposedFiling granted
09/14/2022Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Motion for Rehearing granted. Response to Motion for Rehearing due September 13, 2022.
09/13/2022Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of S.R.
09/13/2022Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of S.R.
08/24/2022Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing is granted. Response to Motion is due no later than September 12, 2022. Further requests for extensions of time for this filing will be disfavored.
08/20/2022Supplement to Motion filed  Supplemental First Motion for Extension of Time to file Response to Motion for Rehearing.
08/19/2022Response to Motion filed  Response to Opposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of the Texas Department of Family and Protective Services.
08/19/2022Electronic communication sent to Party  Email sent to counsel for Petitioner regarding motion for extension of time to file response to motion for rehearing.
08/19/2022Motion for Extension of Time to File Response  Opposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of S.R.
08/05/2022Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than August 22, 2022.
07/05/2022Case forwarded to Court 
06/27/2022Motion for Rehearing  Motion for Rehearing filed on behalf of TDFPS.
06/10/2022Petition for Review disposedDenied
05/25/2022Petition for Review (Parental Termination)  Petition for Review filed on behalf of Texas Department of Family and Protective Services.
05/25/2022Clerk's Record 
05/25/2022Court reporter/recorder's record 
05/25/2022Clerk's Record 
05/25/2022Court reporter/recorder's record 
05/25/2022Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/28/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Department of Family Protective ServicesPetitionerMs. Katherine A. Snyder
Ms. Leslie Capace
Ms. Caroline Carow
Mr. Judd Stone II
Mr. Jerry L. Reyes  
Ms. Allison M. Collins
Mr. Michael Burton
Ms. Amie Serrano
Mr. Cody Rutowski
Mr. Eric Tek Tai
Ms. Rebecca L. Safavi  
R., S. RespondentEmily Dunn
Ms. Tina Hall Montoya
Shotwell, JonathanOther interested party K. Luther Tankersley
J.S., A ChildOther interested party Ms. Courtney Wortham
Court of Appeals Information:
Dismissed 
663 SW3d 784, 03-03-22 
5th Court of Appeals 
Honorable Lana Rolf Myers 
Trial Court Information
County Court At Law 
Kaufman 
Honorable Tracy Gray 
104418-CC