Supreme Court

Case: 23-0724    
23-0724
09/06/2023
Petition for Review/Cause under Rule 53.1
JOHN CARROZZELLA, MD AND JCMD MEDICAL SERVICES, INC. 
BIOTE MEDICAL, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/19/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of John Carrozzella, et al.
11/04/2024Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Biote Medical, LLC.
09/13/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of John Carrozzella, MD, et al.
04/04/2024Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of John Carrozzella, MD, et al.
02/19/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of BioTE Medical, LLC.
11/10/2023Petition for ReviewPetitioner Petition for Review filed on behalf of John Carrozzella, M.D., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2023Supreme Court of Texas Requested Response  Response requested to petition for review due no later than January 22, 2024.
12/19/2024Reply Brief  Reply Brief on the Merits filed on behalf of John Carrozzella, et al.
11/21/2023Case forwarded to Court 
11/14/2024Motion 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 December 19, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/14/2023Response Waiver filed  Response Waiver filed on behalf of BioTE Medical, LLC.
11/13/2024Motion 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 John Carrozzella, MD, et al.
11/10/2023Petition for Review  Petition for Review filed on behalf of John Carrozzella, M.D., et al.
11/04/2024Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Biote Medical, LLC.
10/06/2023Motion 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 November 10, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/06/2023Second 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 John Carrozzella, M.D., et al.
09/20/2024Motion 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 November 4, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due November 19, 2024.
09/20/2024Motion 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 BioTE Medical, LLC.
09/13/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of John Carrozzella, MD, et al.
09/06/2023Motion 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 October 11, 2023.
09/06/2023Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf John Carrozzella, M.D., et al.
09/06/2023Court reporter/recorder's record 
09/06/2023Clerk's Record 
09/06/2023Clerk's Record 
09/06/2023Clerk's Record 
08/13/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due September13, 2024. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Response Brief is due October 3, 2024. Reply Brief is due October 18, 2024.
08/12/2024Motion 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 John Carrozzella, MD, et al.
07/11/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due August 14, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due September 3, 2024. Reply Brief is due September 18, 2024.
07/11/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of John Carrozzella, MD, et al.
06/14/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 15, 2024; Response brief due August 5, 2024; Reply brief due August 20, 2025.
04/04/2024Reply to Response  Reply in Support of Petition for Review filed on behalf of John Carrozzella, MD, et al.
03/18/2025Mandate issued  Mandate & Cost Bill Issued
03/12/2025Petition for Review disposedPetition granted pursuant to TRAP 56.2 Pursuant to Texas Rule of Appellate Procedure 56.2, after granting the petition for review and without hearing oral argument or considering the merits, the Court vacates the judgment and opinion of the court of appeals, vacates the trial court's relevant summary-judgment orders, and dismisses the case as moot.
(3/12/2025 4:23:05 PM) 23-0724.jmt.pdf
03/12/2025Court approved judgment sent to attorneys of recordIssued
03/12/2025Oral Argument Cancelled  The oral argument scheduled for March 18, 2025, is cancelled.
03/12/2025Call received  Call from Petitioners' counsel regarding filing of oral argument submission form.
03/10/2025Status report filed  Joint Status Report filed on behalf of John Carrozzella, MD, et al.
03/06/2025Order of the Court Issued  Order Issued stating: "The parties are directed to file a joint status report reflecting the parties’ views of whether there is any reason that the Court should not: (1) cancel the currently scheduled oral argument; (2) render judgment dismissing the case as moot and vacating the judgments and orders of the court of appeals and the trial court in this case; and (3) vacate the opinion of the court of appeals under Morath v. Lewis, 601 S.W.3d 785 (Tex. 2020).  If the parties’ views of these matters, or of any other matter relevant to the disposition of the case, are not in accord, the differences should be clearly reflected in the joint status report, which must be filed in this Court no later than 4:00 PM on Monday, March 10, 2025."
03/06/2025Letter Filed  Response to Notice of Nonsuit filed on behalf of John Carrozzella, MD, et al.
03/04/2025Notice received  Notice of Nonsuit filed on behalf of BioTE Medical, LLC.
03/01/2024MET 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 April 4, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/01/2024Motion 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 John Carrozzella, MD, et al.
02/19/2024Response to Petition  Response to Petition for Review filed on behalf of BioTE Medical, LLC.
01/31/2025Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 18, 2025. Time allotted to argue: 20/20 minutes
01/31/2025Petition for Review disposedFiling granted
01/31/2025Petition for Review granted 
01/05/2024Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Response is due February 21, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/05/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of BioTE Medical, LLC.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/18/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
BioTE Medical, LLCRespondentMs. Hannah Roblyer
Mr. Lawrence J. Friedman
Mr. Ryan Kenneth Lurich
Mr. Robert B. Dubose
Mr. Eric Friedman
Deneui, TerriOther interested party Mr. R. Rogge Dunn
Mr. Gregory Michael Clift
Deneui, DanOther interested party Mr. Gregory Michael Clift
Mr. R. Rogge Dunn
JCMD Medical Services, Inc.PetitionerMr. David D. Rapp
Mr. Michael D. Farmer
Jonathan Cone
Carrozzella, MD, JohnPetitionerMr. David D. Rapp
Jonathan Cone
Mr. Michael D. Farmer
Court of Appeals Information:
Reverse & Remand 
___ SW3d ___, 07-27-23 
2nd Court of Appeals 
Honorable Bonnie Sudderth 
Trial Court Information
236th District Court 
Tarrant 
Honorable Thomas Wilson Lowe 
236-316952-20