Supreme Court

Case: 23-0887    
23-0887
10/25/2023
Petition for Review/Cause under Rule 53.1
TEXAS DEPARTMENT OF STATE HEALTH SERVICES AND DR. JENNIFER A. SHUFORD, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES 
SKY MARKETING CORP., D/B/A HOMETOWN HERO; CREATE A CIG TEMPLE, LLC; DARRELL SURIF; AND DAVID WALDEN 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/27/2026Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Sky Marketing Corporation, et al.
05/04/2026Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Ron Beal.
03/16/2026Post submission brief filedRespondent Respondents' Post-Submission Brief filed on behalf of Sky Marketing Corporation, et al.
02/06/2026Letter brief Petitioner Letter brief filed on behalf of the Texas Department of State Health Services, et al.
01/29/2026Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
01/16/2026Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
01/13/2026Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Sky Marketing Corporation, et al.
12/23/2025Supplemental Brief filedPetitioner Supplemental Letter Brief filed on behalf of Texas Department of State Health Services, et al.
12/17/2025Supplemental Brief filedRespondent Supplemental Brief filed on behalf of Sky Marketing Corporation, et al.
03/10/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
02/10/2025Brief on the MeritsPetitioner's Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of the Texas Department of State Health Services, et al.
02/06/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Citizens for a Safe and Healthy Texas.  Submitted by Mr. David T. Polling with The Poling Law Firm of College Station,Texas.
12/12/2024Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Sky Marketing Corp., et al.
08/21/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Department of Health Services, et al.
06/10/2024Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of Texas Department of State Health Services, et al.
05/24/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Sky Marketing Corporation, et al.
01/05/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
01/03/2024Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Department of State Health Services, et al.
11/18/2023Amicus Curiae Letter ReceivedAmicus Curiae Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent by Amanda G. Taylor, Butler Snow LLP, Austin, TX 78701
12/23/2025Call received  Call received from counsel for Petitioner.
12/23/2025Supplemental Brief filed  Supplemental Letter Brief filed on behalf of Texas Department of State Health Services, et al.
12/19/2025Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., January 14, 2026. Time allotted to argue: 20/20 minutes (Justice Sullivan not participating)
12/17/2025Supplemental Brief filed  Supplemental Brief filed on behalf of Sky Marketing Corporation, et al.
12/17/2024Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief is due no later than January 27, 2025. Further requests for extensions of time for this filing will be disfavored.
12/16/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Texas Department of State Health Services, et al.
12/12/2024Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Sky Marketing Corp., et al.
12/06/2024Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of Texas Department of State Health Services, et al.
12/05/2025Supreme Court requests parties to file additonal briefs  Ordered Brief sent stating: "The parties are ordered to file supplemental briefing clarifying whether and, if so, how these federal and state developments affect the status of or legal questions presented in this case. The briefing should not exceed 2,500 words and should be submitted on or before 4:00 p.m. on December 23, 2025."
12/05/2023Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted. Further requests for extensions of time will be disfavored. Petition for Review is due no later than January 3, 2024.
12/04/2023Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Texas Department of STate Health Services, et al.
11/18/2023Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
11/01/2024Motion 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 December 12, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due December 27, 2024.
11/01/2024Notice received  Notice of Withdrawal of Non-Lead Counsel filed on behalf of Sky Marketing Corporation, et al.
11/01/2024Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Sky Marketing Corporation, et al.
10/26/2023Motion 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 December 13, 2023.
10/26/2023Court reporter/recorder's record 
10/26/2023Court reporter/recorder's record 
10/26/2023Clerk's Record 
10/25/2023Motion 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 State Health Services, et al.
09/27/2024Motion 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 November 12, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due November 27, 2024.
09/27/2024Motion 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 Sky Marketing Corp., et al.
09/12/2025Case set for oral argumentCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., January 13, 2026. Time allotted to argue: 20/20 minutes (Justice Sullivan not participating)
09/12/2025Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion to Set Argument in Different Month granted
09/09/2025Miscellaneous Motion  Motion to Set Argument in a Different Month Than In RE K.N. filed on behalf of Texas Department of State Health Services, et al.
08/29/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Response Brief is due October 10, 2024. Further requests for extensions of time for this filing will be disfavored. Reply Brief is due October 25, 2024.
08/29/2024Motion 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 Sky Marketing Corp., et al.
08/22/2025Motion to postpone submission date disposedFiling granted Unopposed Motion to Postpone Oral Argument granted. The date and time for oral argument are yet to be determined. (Justice Sullivan not participating)
08/21/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Department of Health Services, et al.
08/20/2025Call received  Call received from Respondent's counsel.
08/15/2025Supplement to document  Supplement in Support of Motion to Postpone Oral Argument filed on behalf of Sky Marketing Corporation, et al.
08/12/2025Motion to postpone submission date filed  Unopposed Motion to Postpone Oral Argument filed on behalf of Sky Marketing Corp., et al.
08/12/2024Motion to substitute disposedFiling granted Motion to Withdraw and Substitute Counsel is granted.
08/12/2024Electronic communication sent to Party  Email sent to counsel for respondent regarding motion to withdraw and substitute counsel.
08/09/2024Motion to Substitute filed  Motion to Withdraw and Substitute Counsel filed on behalf of Texas Department of State Health Services, et al.
08/08/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission form filed on behalf of the Texas Department of State Health Services, et al. Oral Argument will be presented by Cory A. Scanlon of the Office of the Attorney General, Austin, Texas.
07/16/2024Motion 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 21, 2024; Respondent's brief is due September 10, 2024; and Reply brief is due September 25, 2024.
07/15/2024Motion 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 Texas Department of State Health Services, et al.
06/21/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 22, 2024; Response brief due August 12, 2024; Reply brief due August 27, 2024.
06/10/2024Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of Texas Department of State Health Services, et al.
06/05/2026Mandate issued  Mandate & Cost Bill Issued
06/05/2026Stay Order lifted  Stay order issued May 15, 2026 is lifted.
06/05/2026Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Sullivan not participating)
06/05/2026Motion to Stay DisposedFiling dismissed as moot Emergency Motion for Temporary Relief dismissed as moot
06/02/2026Reply to Response to Motion  Reply in Support of Motion to Stay filed on behalf of Sky Marketing Corporation, et al.
06/02/2026Response to Motion filed  Response to the Emergency Motion to Stay filed on behalf of the Texas Department of State Health Services, et al.
05/30/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 10, 2025. Time allotted to argue: 20/20 minutes (Justice Sullivan not participating)
05/29/2026Supreme Court of Texas Ordered Response  Court ordered response to Emergency Motion for Temporary Relief due no later than 4:00 p.m., Tuesday, June 2, 2026.
05/27/2026Case forwarded to Court 
05/27/2026Motion to Stay Filed   Respondent's Emergency Motion for Temporary Relief filed on behalf of Sky Marketing Corporation, et al.
05/27/2026Motion for Rehearing  Motion for Rehearing filed on behalf of Sky Marketing Corporation, et al.
05/27/2026Call received  Call received from counsel for Respondents to inform Court they will be filing a motion for emergency relief with the motion for rehearing.
05/24/2024Response to Petition  Response to Petition for Review filed on behalf of Sky Marketing Corporation, et al.
05/15/2026Stay Order issued  The trial court’s temporary injunction is stayed, effective at 5:00 P.M. on May 28, 2026, pending further order of this Court or the release of the Court’s mandate. See Tex. R. App. P. 60.6. (Justice Sullivan not participating)
05/15/2026Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Respondents' Motion for Extension of Time to File Motion for Rehearing granted.  Motion for Rehearing due no later than June 17, 2026.
05/13/2026Response to Motion filed  Response to Motion for Extension of Time to file Motion for Rehearing filed on behalf of Texas Department of State Health Services, et al.
05/13/2026Motion for Extension of Time to File Motion for Rehearing  Opposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Sky Marketing Corporation, et al.
05/04/2026Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ron Beal.
05/01/2026Court approved judgment sent to attorneys of recordIssued
05/01/2026Opinion issuedCourt affirms in part, reverses in part and renders court of appeals' judgment The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Young delivered the opinion of the Court.  (Justice Sullivan not participating)
(5/1/2026 12:37:36 PM) 230887.pdf, 23-0887.jmt.pdf
04/22/2025Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of Sky Marketing Corp., et al.
04/18/2024Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review granted. No further extensions of time will be considered. Response is due no alter than May 24, 2024.
04/17/2024Motion for Extension of Time to File Response  Second Motion for Extension of Time to file Response to Petition for Review file don behalf of Sky Marketing Corp., et al.
04/07/2025Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of Texas Department of State Health Services, et al.
04/04/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Justice Sullivan not participating)
04/04/2025Petition for Review granted 
03/16/2026Post submission brief filed  Respondents' Post-Submission Brief filed on behalf of Sky Marketing Corporation, et al.
03/15/2024Motion 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 April 24, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/15/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Sky Marketing Corporation, et al.
03/10/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
02/23/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than March 25, 2024.
02/10/2025Brief on the Merits  Petitioner's Reply Brief on the Merits filed on behalf of the Texas Department of State Health Services, et al.
02/06/2026Letter brief   Letter brief filed on behalf of the Texas Department of State Health Services, et al.
02/06/2025Amicus Curiae Brief received  Amicus Brief received on behalf of Citizens for a Safe and Healthy Texas.  Submitted by Mr. David T. Polling with The Poling Law Firm of College Station,Texas.
01/29/2026Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
01/26/2024Motion to withdraw disposed ofFiling granted Motion to Withdraw as Counsel of Ari Cuenin and substitute Coy Westbrook granted.
01/24/2025Motion 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 no later than February 10, 2025. Further requests for extensions of time for this filing will not be considered.
01/23/2024Motion to Withdraw Filed  Motion to Withdraw filed on behalf of Texas Department of State Health Services, et al.
01/23/2024Case forwarded to Court 
01/22/2024Response Waiver filed  Response Waiver filed on behalf of Sky Marketing Corporation, et al.
01/17/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioners' Reply Brief on the Merits filed on behalf of Texas Department of State Health Services, et al.
01/17/2025Notice received  Notice of Withdrawal of Non-Lead Counsel filed on behalf of Sky Marketing Corp., et al.
01/17/2025Notice of Appearance  Notice of Appearance of Counsel filed on behalf of Texas Department of State Health Services, et al.
01/16/2026Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
01/14/2026Oral argument   Argued on behalf of Petitioners by Cory A. Scanlon; Argued on behalf of Respondents by Amanda G. Taylor
01/14/2025Letter Filed  Notice of Change of Firm and Address filed on behalf of Sky Marketing Corporation, et al.
01/13/2026Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Sky Marketing Corporation, et al.
01/05/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
01/03/2024Petition for Review  Petition for Review filed on behalf of Texas Department of State Health Services, et al.
01/02/2026Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Texas Department of State Health Services. Oral Argument will be presented by Cory A. Scanlon of the Office of the Attorney General, Austin, Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/05/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Sky Marketing Corp., D/B/A Hometown HeroRespondentMr. David Kenneth Sergi
Katherine Frank
Ms. Amanda G. Taylor
Ms. Andrea Steel
Ms. Elana S. Einhorn
Mr. Craig T. Enoch
Mr. John R. Johnson II
Texas Department of State Health ServicesPetitionerMr. Brent Webster
Mr. Charles K. Eldred
Ms. Karen L. Watkins  
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Brendan Fugere
Mr. Clayton Watkins
Mr. Cory Scanlon
Suriff, DarrellRespondentMr. Craig T. Enoch
Ms. Elana S. Einhorn
Mr. David Kenneth Sergi
Ms. Amanda G. Taylor
Mr. D. Todd Smith
Katherine Frank
Mr. Marshall Bowen
Mr. John R. Johnson II
Citizens for a Safe and Healthy TexasAmicus CuriaeMr. David T. Poling
Create A Cig Temple, LLCRespondentMs. Elana S. Einhorn
Mr. David Kenneth Sergi
Katherine Frank
Mr. Marshall Bowen
Mr. D. Todd Smith
Mr. John R. Johnson II
Ms. Amanda G. Taylor
Mr. Craig T. Enoch
Walden, DavidRespondentKatherine Frank
Mr. D. Todd Smith
Mr. John R. Johnson II
Ms. Amanda G. Taylor
Mr. Craig T. Enoch
Mr. David Kenneth Sergi
Mr. Marshall Bowen
Ms. Elana S. Einhorn
Dr. Jennifer A. Shuford, in her official capacity as Commissioner of the Texas DSHSPetitionerAtty. Gen. W. Kenneth Paxton Jr.
Mr. Charles K. Eldred
Mr. Clayton Watkins
Mr. Ari Cuenin
Mr. Brent Webster
Ms. Karen L. Watkins  
Mr. Brendan Fugere
Mr. Coy A. Westbrook
Beal, RonAmicus CuriaeMr. Ron Beal
Court of Appeals Information:
Affirmed  
711 SW3d 227, 09-28-23 
3rd Court of Appeals 
Honorable Rosa Lopez Theofanis 
Trial Court Information
126th District Court 
Travis 
Honorable Jan Soifer 
D-1-GN-21-006174