Supreme Court

Case: 22-0637    
22-0637
08/02/2022
Petition for Review originally filed as 53.7(f)
AMERICAN MEDICAL HOME HEALTH SERVICES, LLC, HUB CITY HOME HEALTH, INC. D/B/A AMERICAN MEDICAL HOME HEALTH SERVICES, AMERICAN MEDICAL HOME HEALTH SERVICES SAN ANTONIO, LLC, AMERICAN MEDICAL HOSPICE CARE, LLC, AMERICAN MEDICAL PALLIATIVE SUPPORT, LLC, MAGDALENA (MAGGIE) CLEMENTE, RENE ESTRADA, AND GINA TREVINO 
LEGACY HOME HEALTH AGENCY, INC. AND LEGACY HOME CARE SERVICES, INC. D/B/A ALL SEASONS HOME CARE, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/12/2025Petition Reinstated 
09/12/2025Motion for Rehearing Reinstated 
10/31/2024Reply to Response to Motion for Rehearing filedPetitioner Reply in Support of Motion for Rehearing filed on behalf of American Medical Home Health Services, LLC, et al.
10/16/2024Response to Motion for RehearingRespondent Respondent's Response to Motion for Rehearing filed on behalf of Legacy Home Health Agency, Inc., et al.
07/23/2024Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of American Medical Home Health Services, LLC, et al.
02/15/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al.
12/20/2023Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc., et al.
09/25/2023Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al.
04/13/2023Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of American Medical Home Health Services, LLC, et al.
03/17/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Legacy Home Health Agency, Inc., et al.
11/04/2022Petition for ReviewPetitioner Petition for Review filed on behalf of American Medical Home Health Services, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al.
12/20/2023Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc., et al.
12/16/2022Supreme Court of Texas Requested Response  Response Requested to Petition for Review due no later than January 17, 2023.
12/15/2023Motion to withdraw disposed ofFiling granted Motion to Withdraw as Counsel granted
12/12/2024Notice received  Notice of Nonrepresentation and Withdrawal as Additional Counsel filed on behalf of American Medical Home Health Services, LLC, et al.
12/07/2023Motion for Extension of Time disposed.Filing granted Third Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due December 20, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due January 4, 2024.
12/06/2023Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc.,et al.
12/04/2023Motion to Withdraw Filed  Unopposed Motion to Withdraw filed on behalf of Rene Estrada.
11/30/2022Letter Filed  Response Waiver to Petitioner's update letter filed on behalf of Legacy Health Home Agency, Inc., et al.
11/29/2022Letter Filed  Petitioner's update letter filed on behalf of American Medical Home Health Services, LLC et al.
11/15/2024Order of the Court IssuedAbated due to bankruptcy Effective November 9, 2024, the case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. TEX. R. APP. P. 8.3.  All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. TEX. R. APP. P. 8.2, 8.3.  It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted. (Justice Devine not participating)
11/15/2024Motion for Rehearing - DisposedMatter in Supreme Court of Texas Abated
11/15/2022Case forwarded to Court 
11/14/2024Notice of Bankruptcy  Notice of Bankruptcy filed on behalf of American Medical Home Health Services, LLC, et al.
11/08/2022Response Waiver filed  Response Waiver filed on behalf of Legacy Home Health Agency, Inc., et al.
11/07/2023Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due December 15, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due January 2, 2024.
11/07/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc., et al.
11/04/2022Electronic communication received from Party  Email received that respondents will file a response to motion.
11/04/2022Petition for Review  Petition for Review filed on behalf of American Medical Home Health Services, LLC, et al.
11/04/2022Electronic communication sent to Party  Email sent to counsel for respondents regarding response to Motion to Consolidate.
11/04/2022Motion to Consolidate filed  Motion to Consolidate filed on behalf of American Medical Home Health Services, LLC, et al.
10/31/2024Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of American Medical Home Health Services, LLC, et al.
10/16/2024Response to Motion for Rehearing  Respondent's Response to Motion for Rehearing filed on behalf of Legacy Home Health Agency, Inc., et al.
10/12/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due November 15, 2023. FURTHER REQUETS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due November 30, 2023.
10/12/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc., et al.
10/11/2022Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due no later than November 6, 2022. Further requests for extensions of time for this filing will not be considered.
10/11/2022Call received  Call received from petitioner regarding status of third motion for extension of time to file petition for review.
10/06/2022Electronic communication sent to Party  Email sent to counsel for Respondent regarding Third Motion for Extension of Time to file Petition for Review.
10/06/2022Third Motion for Extension of Time to File Petition for Review filed  Opposed Third Motion for Extension of Time to file filed on behalf of American Medical Home Health Services, LLC, et al.
09/25/2025Notice sent to Court of Appeals 
09/25/2023Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al.
09/12/2025Petition for Review disposedDismissed with prejudice. (Justice Devine not participating)
09/12/2025Petition Reinstated 
09/12/2025Previous Order of the Court withdrawn  Denial of petition for review on May 31, 2024, withdrawn in part
09/12/2025Motion for Rehearing - DisposedFiling granted in part and denied in part
09/12/2025Motion for Rehearing Reinstated 
09/12/2025Abatement Order Lifted  Abatement order issued November 15, 2024 is lifted.
09/12/2025Motion for Severance disposedFiling dismissed as moot Joint Motion to Sever Claims relating to Rene Estrada dismissed as moot
09/12/2025Motion to dismiss disposedFiling granted in part Joint Motions to Dismiss Petitions for Review granted in part
09/12/2023Motion for Extension of Time disposed.Filing granted Third Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due September 25, 2023. Respondent's Brief on the Merits is due October 16, 2023. Reply Brief is due October 31, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
09/12/2023Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al.
09/11/2024Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing is granted. Response is due October 16, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/11/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Legacy Home Health Agency, Inc.,et al.
09/02/2022Second 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 October 6, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/02/2022Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of American Medical Home Services, et al.
08/30/2024Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than September 16, 2024.
08/28/2025Motion to dismiss  Joint Motion to Dismiss Petition for Review filed on behalf of American Medical Home Health Services, LLC, et al.
08/10/2023Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due September 15, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL NOT BE CONSIDERED. Response brief is due October 5, 2023. Reply brief is due October 20, 2023.
08/09/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al.
08/03/2022Notice of Appearance  Notice of Appearance filed on behalf of American Medical Home Health Services, LLC, et al.
08/02/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due September 6, 2022.
08/02/2022Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of American Medical Home Health Services, LLC, et al.
08/02/2022Clerk's Record 
08/02/2022Court reporter/recorder's record 
08/02/2022Supplement to Clerk's/Reporter's Record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
08/02/2022Supplement to Clerk's/Reporter's Record 
08/02/2022Supplement to Clerk's/Reporter's Record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
08/02/2022Supplement to Clerk's/Reporter's Record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
08/02/2022Supplement to Clerk's/Reporter's Record 
08/02/2022Supplement to Clerk's/Reporter's Record 
08/02/2022Supplement to Clerk's/Reporter's Record 
08/02/2022Supplement to Clerk's/Reporter's Record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
08/02/2022Court reporter/recorder's record 
07/30/2024Case forwarded to Court 
07/26/2024Response Waiver filed  Response Waiver to Motion for Rehearing filed on behalf of Legacy Health Home Agency, Inc., et al.
07/23/2024Motion for Rehearing  Motion for Rehearing filed on behalf of American Medical Home Health Services, LLC, et al.
07/12/2024Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due July 24, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
07/12/2023Motion 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 August 16, 2023; Respodnent's brief is due September 5, 2023; and Reply brief is due September 20, 2023.
07/11/2023Motion 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 American Medical Home Health Services, LLC, et al.
07/10/2024Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of American Medical Home Health Services, LLC, et al.
06/17/2024Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due July 17, 2024. Further requests for extensions of time for this filing will be disfavored.
06/17/2024Call received  Call received from counsel regarding response to motion for extension of time.
06/16/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 17, 2023; Response brief due August 7, 2023; Reply brief due August 22, 2023.
06/14/2024Call received  Call received from counsel for respondent regarding response to motion for extension of time.
06/14/2024Electronic communication sent to Party  Email sent to counsel for Respondent to determine whether a response to the Motion for Extension of Time will be filed.
06/13/2024Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of American Medical Home Health Services, LLC, et al.
05/31/2024Motion to Consolidate disposedDenied Petitioners' Motion to Consolidate Cases denied
05/31/2024Petition for Review disposedDenied with Justice not sitting. (Justice Devine not participating)
04/20/2023Motion to substitute disposedFiling granted Magdalena (Maggie) Clemente and Gina Trevino's Motion to Substitute Counsel is granted.
04/20/2023Motion to substitute disposedFiling granted Rene Estrada's Motion to Substitute Counsel is granted.
04/19/2023Motion to Substitute filed  Unopposed Motion to Substitute Counsel filed on behalf of Magdalena (Maggie) Clemente and Gina Trevino.
04/19/2023Motion to Substitute filed  Unopposed Motion to Substitute Counsel filed on behalf of Rene Estrada.
04/19/2023Miscellaneous motion disposed. See Remarks.Filing granted Motion to Substitute Counsel is granted.
04/19/2023Motion to Substitute filed  Motion to Substitute Counsel filed on behalf of American Medical Home Health Services, LLC, et al.
04/13/2023Reply to Response  Reply in Support of Petition for Review filed on behalf of American Medical Home Health Services, LLC, et al.
03/20/2023MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due April 13. 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/20/2023Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of American Medical Home Health Services, LLC, et al.
03/20/2023Motion for Extension of Time to File Response disposedFiling granted Third Unopposed Motion for Extension of Time to file Response to Petition for Review granted.  Response was timely filed on March 17, 2023.
03/17/2023Response to Petition  Response to Petition for Review filed on behalf of Legacy Home Health Agency, Inc., et al.
03/17/2023Motion for Extension of Time to File Response  Third Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Legacy Home Health Agency, Inc., et al.
02/15/2024Adopt by Reference pursuant to Tex. R. App. P. 9.7   Letter adopting Reply Brief on the Merits filed on behalf of Rene Estrada.
02/15/2024Reply Brief  Reply Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al.
02/09/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due no later than March 9, 2023. Further requests for extensions of time for this filing will not be considered.
02/09/2023Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Legacy Home Health Agency, Inc., et al.
02/01/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief is due February 15, 2024. Further requests for extensions of time for this filing will not be considered.
01/31/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of American Home Health Services, LLC, et al.
01/12/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Response due February 16, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/12/2023Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Legacy Home Health, Inc., et al.
01/03/2024Motion 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 2, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/25/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Estrada, Rene PetitionerRene Estrada
Trevino, GinaPetitionerMr. Bernie R. Kray
Mr. M. Alexander Nava
Legacy Home Care Services, Inc. D/B/A All Seasons Home Care, Inc.RespondentMr. Larry D. Warren
Ms. Stacy R. Sharp
Mr. David L. Ortega
Ms. Emma Karina Cano
Ms. Sylvia A. Cardona
Legacy Home Health Inc.RespondentMs. Emma Karina Cano
Mr. David L. Ortega
Ms. Sylvia A. Cardona
Ms. Stacy R. Sharp
Georgina Buckley
Mr. Larry D. Warren
Clemente, Magdalena 'Maggie' PetitionerMr. Kevin F. Mickits
Emily Stroup
Ms. Lorien Whyte
Mr. James M. Parker Jr.
Mr. Bernie R. Kray
Mr. Daniel V. Pozza
Mr. M. Alexander Nava
American Medical Home Health Services, LLCPetitionerMs. Lorien Whyte
Thomas Thagard III
Mr. Carlos Ramon Soltero
Mr. Gregory Philip Sapire
American Medical Home Health Services San Antonio, LLCPetitionerMr. Kevin F. Mickits
Mr. Daniel V. Pozza
Emily Stroup
Mr. Craig T. Enoch
Ms. Sara B. Churchin
Ms. Elana S. Einhorn
Mr. Scott Alan Seelhoff
Thomas Thagard III
Mr. Carlos Ramon Soltero
Mr. Gregory Philip Sapire
Ms. Lorien Whyte
Ms. Marcella Algarra Della Casa
American Medical Hospice Care, LLC PetitionerMs. Lorien Whyte
Thomas Thagard III
Emily Stroup
Mr. Carlos Ramon Soltero
Ms. Sara B. Churchin
Mr. Daniel V. Pozza
Mr. Craig T. Enoch
Ms. Elana S. Einhorn
Mr. Gregory Philip Sapire
Mr. Scott Alan Seelhoff
Mr. Kevin F. Mickits
American Medical Palliative Support, LLCPetitionerThomas Thagard III
Mr. Scott Alan Seelhoff
Ms. Sara B. Churchin
Mr. Daniel V. Pozza
Emily Stroup
Ms. Lorien Whyte
Mr. Gregory Philip Sapire
Mr. Carlos Ramon Soltero
Mr. Kevin F. Mickits
Ms. Elana S. Einhorn
Mr. Craig T. Enoch
Hub City Home Health, Inc. D/B/A American Medical Home Health Services PetitionerMs. Sara B. Churchin
Mr. Scott Alan Seelhoff
Mr. Gregory Philip Sapire
Thomas Thagard III
Ms. Lorien Whyte
Emily Stroup
Mr. Daniel V. Pozza
Mr. Carlos Ramon Soltero
Ms. Marcella Algarra Della Casa
Mr. Kevin F. Mickits
Mr. Craig T. Enoch
Ms. Elana S. Einhorn
Court of Appeals Information:
Aff/Pt and Dismiss/Pt 
___ SW3d ___, 03-30-22 
4th Court of Appeals 
Honorable Rebeca C. Martinez 
Trial Court Information
150th District Court 
Bexar 
Honorable David A. Canales 
2020-CI-09053