Supreme Court

Case: 23-0317    
23-0317
04/28/2023
Petition for Review/Cause under Rule 53.1
MAURICE N. LEIBMAN M.D. 
CLEVERATTA WALDROUP AND JAMES WALDROUP, INDIVIDUALLY AND AS NEXT FRIENDS OF R. W., A MINOR  
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/06/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Wolfgang P. Hirczy de Mino of Bellaire, Texas.
12/19/2024Post submission brief filedPetitioner Petitioner's Post-Submission Letter filed on behalf of Maurice N. Leibman, M.D.
12/16/2024Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Cleveratta Waldoup, et al.
12/11/2024Post submission brief filedPetitioner Post-Submission Brief filed on behalf of Maurice N. Leibman M.D.
03/26/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Maurice N. Leibman, M.D.
03/04/2024Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Cleveratta Waldroup, et al.
01/10/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Maurice N. Leibman M.D.
09/07/2023Response to PetitionRespondent Response to Petition for Review field on behalf of Cleveratta Waldroup, et al.
06/06/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Maurice N. Leibman, M.D.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
07/17/2025Mandate issued  Mandate & Cost Bill Issued
06/06/2025Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Wolfgang P. Hirczy de Mino of Bellaire, Texas.
06/06/2025Court approved judgment sent to attorneys of recordIssued
06/06/2025Dissenting opinion issued.Issued Justice Huddle filed a dissenting opinion, in which Chief Justice Blacklock, Justice Bland, and Justice Sullivan joined.
06/06/2025Opinion issuedCourt of Appeals' judgment affirmed/remanded to trial court The Court affirms the court of appeals' judgment and remands the case to the trial court. Justice Busby delivered the opinion of the Court, in which Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Young joined.
(6/6/2025 1:46:24 PM) 230317d.pdf, 230317.pdf, 23-0317.jmt.pdf
01/17/2025Notice from Counsel of a change in address  Change of Address filed on behalf of Cleveratta Waldroup, et al.
12/19/2024Post submission brief filed  Petitioner's Post-Submission Letter filed on behalf of Maurice N. Leibman, M.D.
12/16/2024Post submission brief filed  Post-Submission Letter Brief filed on behalf of Cleveratta Waldoup, et al.
12/12/2024Letter Filed  Letter filed on behalf of Cleveratta Waldroup, et al.
12/12/2024Call received  Call received regarding post-submission brief.
12/11/2024Post submission brief filed  Post-Submission Brief filed on behalf of Maurice N. Leibman M.D.
12/05/2024Oral argument   Argued on behalf of Petitioner by LaVerne Chang; Argued on behalf of Respondents by Maureen Farrell and Kyle Herbert
11/27/2024Submission Schedule 
11/12/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Maurice N. Leibman, M.D. Oral Argument will be presented by LaVerne Chang of Cardwell & Chang, PLLC, of Houston, Texas.
11/01/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Cleveratta Waldroup, et al. Oral Argument will be presented by Maureen Farrell and Kyle Herbert of Muery & Farrell, PC of Austin, Texas.
09/27/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 5, 2024. Time allotted to argue: 20/20 minutes
09/27/2024Petition for Review disposedFiling granted
09/27/2024Petition for Review granted 
03/26/2024Reply Brief  Reply Brief on the Merits filed on behalf of Maurice N. Leibman, M.D.
03/18/2024Motion 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 March 26, 2024. Further requests for extensions of time for this filing will be disfavored.
03/18/2024Motion 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 Maurice N. Leibman, M.D.
03/04/2024Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Cleveratta Waldroup, et al.
02/29/2024Motion 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 March 4, 2024. Petitioner's Reply Brief is due March 19, 2024. Further requests for extensions of time for this filing will not be considered.
02/29/2024Motion 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 Cleveratta Waldroup, et al.
02/29/2024Call received  Call received from counsel for Respondent regarding submission of motion for extension of time.
01/22/2024Motion 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 February 29, 2024; and Reply brief is due March 15, 2024.
01/19/2024Motion 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 Cleveratta Waldroup, et al.
01/11/2024Call received  Call received from petitioner.
01/10/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Maurice N. Leibman M.D.
11/22/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due January 10, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due January 30, 2024. Reply Brief is due February 14, 2024.  
11/21/2023Motion 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 Maurice E. Leibman, M.D.
11/10/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than December 11, 2023; Response brief due January 2, 2024; Reply brief due January 17, 2024.
09/12/2023Case forwarded to Court 
09/07/2023Response to Petition  Response to Petition for Review field on behalf of Cleveratta Waldroup, et al.
08/01/2023Motion 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 September 7, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
08/01/2023Motion 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 Cleveratta Walgroup, et al.
07/05/2023Motion 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 August 7, 2023. Further requests for extensions of time for this filing will be disfavored.
07/05/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Cleveratta Waldroup, et al.
06/06/2023Petition for Review  Petition for Review filed on behalf of Maurice N. Leibman, M.D.
04/28/2023Motion 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 June 6, 2023.
04/28/2023Motion 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 Maurice N. Leibman, M.D.
04/28/2023Court reporter/recorder's record 
04/28/2023Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/17/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Cleveratta Waldroup and James Waldroup, Individually and as next friends of R. W., a minor RespondentMs. Maureen Farrell
Mr. Kyle Christopher Herbert
Mr. Andrew Smith
Ms. Rachel Berkley
Mr. David Farias
KP Mostyn Properties, LLCOther interested party Ms. Lori B. Wiese
Leibman, M.D., Maurice N.PetitionerMs. Laverne Carol Chang
Ms. Suzan K. Cardwell
Hirczy De Mino, Wolfgang P.Amicus CuriaeWolfgang P. Hirczy De Mino
Court of Appeals Information:
Affirmed  
699 SW3d 20, 03-23-23 
1st Court of Appeals 
Honorable Amparo "Amy" Guerra 
Trial Court Information
55th District Court 
Harris 
Honorable Jeffrey A. Shadwick 
2021-15669