Supreme Court

Case: 23-0192    
23-0192
03/10/2023
Third Petition for Review/Cause under Rule 53.1
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; STEPHANIE MUTH, IN HER OFFICIAL CAPACITY AS DFPS COMMISSIONER; TEXAS HEALTH AND HUMAN SERVICES; CECILE ERWIN YOUNG, IN HER OFFICIAL CAPACITY AS HHSC EXECUTIVE COMMISSIONER; CORRECTIONS CORPORATION OF AMERICA; AND THE GEO GROUP, INC. 
GRASSROOTS LEADERSHIP, INC.; GLORIA VALENZUELA; E.G.S., FOR HERSELF AND AS NEXT FRIEND FOR A.E.S.G.; F.D.G., FOR HERSELF AND AS NEXT FRIEND FOR N.R.C.D.; Y.E.M.A., FOR HERSELF AND AS NEXT FRIEND FOR A.S.A. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/30/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Wolfgang P. Hirczy de Miño of Bellaire, Texas.
03/17/2025Post submission brief filedRespondent Post-Submission Letter filed on behalf of Grassroots Leadership, Inc.
11/08/2024Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Grassroots Leadership, Inc., et al.
10/30/2024Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Grassroots Leadership, Inc., et al.
07/19/2024Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of CoreCivic.
07/19/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Texas Department of Family and Protective Services, et al.
07/19/2024Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of GEO Group, Inc.
06/05/2024Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Grassroots Leadership, Inc., et al.
03/01/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of The GEO Group.
03/01/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of CoreCivic.
03/01/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Department of Family and Protective Services, et al.
11/06/2023Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of The GEO Group, Inc.
11/06/2023Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of Corrections Corporation of America.
11/06/2023Reply to Response to Petition filed Petitioner Reply to Response to Petition for Review filed on behalf of Texas Department of Family and Protective Services, et al.
10/13/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Grassroots Leadership, Inc.
05/10/2023Petition for Review #3Petitioner Petition for Review filed on behalf of GEO Group, Inc.
05/10/2023Petition for Review #2Petitioner Petition for Review filed on behalf of Corrections Corporation of America (CoreCivic).
05/10/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Department of Family and Protective Services, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2023Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to fiel Petitioners' Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioners' brief is due no later than February 15, 2024; Respondent's brief is due March 6, 2024; and Reply brief is due March 21, 2024.
12/21/2023Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Texas Department of Family & Protective Services, et al.
12/15/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than January 16, 2024; Respondent's brief due February 5, 2024; Reply brief due February 20, 2024.
11/08/2024Post submission brief filed  Post-Submission Letter Brief filed on behalf of Grassroots Leadership, Inc., et al.
11/06/2023Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of Corrections Corporation of America.
11/06/2023Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of The GEO Group, Inc.
11/06/2023Reply to Response to Petition filed   Reply to Response to Petition for Review filed on behalf of Texas Department of Family and Protective Services, et al.
10/31/2024Oral argument   Argued on behalf of Petitioners by Lanora C. Pettit; Argued on behalf of Respondents by Amy Warr
10/31/2024Oral argument   Argued on behalf of Petitioners by Lanora C. Pettit; Argued on behalf of Respondents by Amy Warr
10/31/2024Oral argument   Argued on behalf of Petitioners by Lanora C. Pettit; Argued on behalf of Respondents by Amy Warr
10/30/2024Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Grassroots Leadership, Inc., et al.
10/17/2023MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due November 6, 2023. Further requests for extensions of time for this filing will be disfavored.
10/17/2023Motion 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 Texas Department of Family and Protective Services, et al.
10/13/2023Response to Petition  Response to Petition for Review filed on behalf of Grassroots Leadership, Inc.
10/03/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Grassroots Leadership, Inc., et al. Oral Argument will be presented by Amy Warr of Alexander Dubose & Jefferson, LLP of Ausitn, Texas.
10/02/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission form received on behalf of the Texas Department of Family and Protective Services, et al. Oral Argument will be presented by Lanora C. Pettit of the Office of the Solicitor General, Austin, Texas.
10/02/2024Designation of Lead Counsel   Notice of Designation of Lead Appellate Counsel filed on behalf of the Texas Department of Family and Protective Services, et al.
09/07/2023Motion for Extension of Time to File Response disposedFiling granted Unopposed Second Motion for Extension of Time to file Response to Petition for Review is granted. Response is due October 13, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
09/07/2023Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review flied on behalf of Grassroots Leadership, Inc.
09/01/2023Letter Filed  Letter filed on behalf of Texas Department of Family and Protective Services, et al.
08/30/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 31, 2024. Time allotted to argue: 20/20 minutes (Justice Blacklock not participating)
08/30/2024Petition for Review disposedFiling granted
08/30/2024Petition for Review granted 
08/30/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 31, 2024. Time allotted to argue: 20/20 minutes (Justice Blacklock not participating)
08/30/2024Petition for Review disposedFiling granted
08/30/2024Petition for Review granted 
08/30/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 31, 2024. Time allotted to argue: 20/20 minutes (Justice Blacklock not participating)
08/30/2024Petition for Review disposedFiling granted
08/30/2024Petition for Review granted 
08/26/2025Mandate issued  Mandate & Cost Bill Issued
08/08/2023Motion 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 September 13, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/07/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Grassroots Leadership, Inc.
07/19/2024Reply Brief  Reply Brief on the Merits filed on behalf of CoreCivic.
07/19/2024Reply Brief  Reply Brief on the Merits filed on behalf of Texas Department of Family and Protective Services, et al.
07/19/2024Reply Brief  Reply Brief on the Merits filed on behalf of GEO Group, Inc.
07/14/2023Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than August 14, 2023.
06/23/2025Description of document returned to Supreme Court  Mail Returned as Undeliverable.
06/17/2025Motion 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 16, 2025. Further requests for extensions of time for this filing will be disfavored.
06/16/2025Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Grassroots Leadership, Inc., et al.
06/13/2024Motion for Extension of Time disposed.Filing granted Unopposed Joint Motion for Extension of Time to file Reply Briefs on the Merits granted. Further requests for extensions of time will be disfavored.  Reply briefs are due no later than July 19, 2024.
06/13/2023Case forwarded to Court 
06/13/2023Case forwarded to Court 
06/13/2023Case forwarded to Court 
06/12/2024Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to fiel Reply Brief on the Merits filed on behalf of Texas Department of Family & Protective Services,  et al.
06/05/2024Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Grassroots Leadership, Inc., et al.
05/30/2025Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Wolfgang P. Hirczy de Miño of Bellaire, Texas.
05/30/2025Court approved judgment sent to attorneys of recordIssued
05/30/2025Opinion issuedIssued The Court reverses the court of appeals’ judgment in part, vacates the judgments of the court of appeals and the trial court, and dismisses the case for lack of jurisdiction. Justice Young delivered the opinion of the Court. (Chief Justice Blacklock and Justice Sullivan not participating)
05/30/2025Opinion issuedIssued The Court reverses the court of appeals’ judgment in part, vacates the judgments of the court of appeals and the trial court, and dismisses the case for lack of jurisdiction. Justice Young delivered the opinion of the Court. (Chief Justice Blacklock and Justice Sullivan not participating)
05/30/2025Opinion issuedCourt of Appeals' judgment reversed; cause dismissed for want of jurisdiction The Court reverses the court of appeals’ judgment in part, vacates the judgments of the court of appeals and the trial court, and dismisses the case for lack of jurisdiction. Justice Young delivered the opinion of the Court. (Chief Justice Blacklock and Justice Sullivan not participating)
(5/30/2025 12:26:20 PM) 230192.pdf, 23-0192.jmt.pdf
05/21/2024Motion 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 June 5, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due June 20, 2024.
05/21/2024Motion 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 Grassroots Leadership, Inc., et al.
05/11/2023Call received  Call received from counsel for Texas Department of Family and Protective Services, et al.
05/11/2023Phone call from Clerk's Office  Call made to office of counsel for Texas Department of Family and Protective Services, et al.
05/11/2023Electronic communication sent to Party  Email sent to legal assistant for Texas Department of Family and Protective Services, et al.
05/10/2023Petition for Review #3  Petition for Review filed on behalf of GEO Group, Inc.
05/10/2023Petition for Review #2  Petition for Review filed on behalf of Corrections Corporation of America (CoreCivic).
05/10/2023Petition for Review  Petition for Review filed on behalf of Texas Department of Family and Protective Services, et al.
04/22/2024Motion 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 May 22, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply brief is due June 6, 2024.
04/22/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed of behalf of Grassroots Leadership Inc., et al.
04/21/2023Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due May 10, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/21/2023Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Corrections Corporation of America.
04/03/2024Notice from Counsel of a change in address  Notice of Change of Address for Nicholas Bacarisse filed on behalf of Grassroots Leadership, Inc.
04/03/2024Notice from Counsel of a change in address  Change of Address for Ms. Amy Warr, filed on behalf of Grassroots Leadership, Inc., et al.
03/17/2025Post submission brief filed  Post-Submission Letter filed on behalf of Grassroots Leadership, Inc.
03/13/2024Motion 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 April 22, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due May 7, 2024.
03/13/2024Motion 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 Grassroots Leadership, Inc., et al.
03/10/2023Motion 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 no later than April 26, 2023.
03/10/2023Motion 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 Texas Department of Family and Protective Services, et al.
03/10/2023Clerk's Record 
03/10/2023Supplement to Clerk's/Reporter's Record 
03/10/2023Supplement to Clerk's/Reporter's Record 
03/10/2023Court reporter/recorder's record 
03/10/2023Supplement to Clerk's/Reporter's Record 
03/01/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of The GEO Group.
03/01/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of CoreCivic.
03/01/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Department of Family and Protective Services, et al.
02/12/2024Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due March 1, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED; Respondent's Brief due March 21, 2024; Reply Brief due April 5, 2024.
02/12/2024Motion for Extension of Time to File Brief filed  Second Joint Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Texas Department of Family & Protective Services, et al.
01/24/2024Motion to withdraw disposed ofFiling granted Unopposed Motion to Withdraw and Substitute Lead Counsel is granted.
01/24/2024Motion to Withdraw Filed  Motion to Withdraw and Substitution of Lead Counsel filed on behalf of Texas Department of Family and Protective Services, et al.
01/22/2025Letter Filed  Letter filed on behalf of Texas Department of Family and Protective Services, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/26/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Hirczy De Miño, Wolfgang P.Amicus CuriaeWolfgang P. Hirczy De Miño
The Geo Group, Inc.PetitionerMr. Mark Thomas Emery
Mr. Charles A. Deacon
Ms. Bertina Buran York
Stephanie Muth, in her official capacity as DFPS CommissionerPetitionerMr. Joseph David Hughes
Mr. Scott A. Keller
Mr. Judd Stone II
Mr. Ari Cuenin
Mr. Kyle D. Hawkins
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Jeffrey C. Mateer
Mr. Kristofer S. Monson
Mr. Todd Disher
Ms. Nichole Beth Bunker-Henderson
Mr. Cody Rutowski
Mr. Brent Webster
The Texas Department of Family and Protective Services; PetitionerMr. Jeffrey C. Mateer
Mr. Todd Disher
Mr. Kristofer S. Monson
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Kyle D. Hawkins
Mr. Judd Stone II
Mr. Brent Webster
Mr. Scott A. Keller
Mr. Joseph David Hughes
Justin Manchester
Mr. Cody Rutowski
Mr. Joshua Fiveson
Ms. Lanora C. Pettit
Mr. Ari Cuenin
Ms. Nichole Beth Bunker-Henderson
Texas Health and Human ServicesPetitionerMr. Brent Webster
Mr. Kristofer S. Monson
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Todd Disher
Mr. Jeffrey C. Mateer
Mr. Scott A. Keller
Mr. Judd Stone II
Mr. Kyle D. Hawkins
Mr. Cody Rutowski
Mr. Joshua Fiveson
Mr. Joseph David Hughes
Ms. Nichole Beth Bunker-Henderson
Corrections Corporation of AmericaPetitionerCameron Dernick
Mr. Bruce Wilkin  
Mr. Jay Brown
Mr. Andrew L. Edelman
Cecile Erwin Young, in her official capacity as HHSC Executive CommissionerPetitionerMr. Ari Cuenin
Mr. Judd Stone II
Atty. Gen. W. Kenneth Paxton Jr.
Justin Manchester
Mr. Brent Webster
Grassroots Leadership, Inc.RespondentMr. Robert W. Doggett
Ms. Amy Warr
Mr. Nicholas Bacarisse
Mr. Jerome W. Wesevich
Court of Appeals Information:
Vacated/Affirm in part 
665 SW3d 135, 02-10-23 
3rd Court of Appeals 
Honorable David E. Puryear 
Trial Court Information
353rd District Court 
Travis 
Honorable Karin R. Crump 
D-1-GN-15-004336