Supreme Court

Case: 24-0384    
24-0384
05/10/2024
Petition for Review/Cause under Tex. R. App. P. 59.1
STEPHANIE MUTH, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, AND THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES 
MIRABEL VOE, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF ANTONIO VOE, A MINOR; WANDA ROE, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF TOMMY ROE, A MINOR; PFLAG, INC.; AND ADAM BRIGGLE AND AMBER BRIGGLE, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF M.B., A MINOR 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/09/2026Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
03/06/2026Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received from Ron Beal of Waco, Texas.
10/17/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Alliance Defending Freedom submitted by Natalie D. Thompson of Alliance Defending Freedom of Washington D.C.
08/29/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Current and Former DFPS Employee Shelby McCowen, et al., submitted by Holt M. Lackey of Holt Major Lackey, PLLC of Austin, Texas.
08/27/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from the Child Welfare League of America. Submitted by Nicholas O. Kennedy of Baker McKenzie, LLP, of Dallas, Texas.
08/25/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of American Oversight submitted by Charles "Chad" Baruch of Johnston Tobey Baruch, P.C. of Dallas, Texas.
08/15/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
08/11/2025Brief on the MeritsPetitioner Reply Brief on the Merits filed on behalf of Stephanie Muth, et al.
08/07/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of National Center for Youth Law, et al.  Submitted by Lisa Hobbs with LBH Law PLLC of Austin, Texas.
07/10/2025Fully hyperlinked brief filedRespondent Hyperlinked Response Brief on the Merits filed on behalf of Mirabel Voe, et al.
07/07/2025Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Mirabel Voe, et al.
04/16/2025Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Stephanie Muth, et al.
03/12/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received from Ron Beal of Waco, Texas.
02/10/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received from Ron Beal of Waco, Texas.
02/03/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
12/31/2024Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received from Ron Beal of Waco, Texas.
12/13/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Mirabel Voe, et al.
08/01/2024Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received on behalf of Ron Beal of Waco, Texas.
07/12/2024Appendix FiledPetitioner Appendix to Petition for Review filed on behalf of Stephanie Muth, et al.
07/12/2024Petition for ReviewPetitioner Petition for Review filed on behalf of Stephanie Muth, et al.
05/15/2024Amicus Curiae Letter ReceivedReceived (instead of filed) Second Amicus Curiae Letter Brief received on behalf of Ron Beal of Waco, Texas.
05/13/2024Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received on behalf of Ron Beal of Waco, Texas.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2024Amicus Curiae Letter Received  Amicus Curiae Letter Brief received from Ron Beal of Waco, Texas.
12/30/2025Designation of Lead Counsel   Substitution of Lead Counsel filed on behalf of Greg Abbott, et al.
12/13/2024Response to Petition  Response to Petition for Review filed on behalf of Mirabel Voe, et al.
12/11/2024Letter Filed  Letter filed on behalf of Mirabel Voe, et al.
11/06/2024Motion 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 later than December 13, 2024.
11/06/2024Motion for Extension of Time to File Response  Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Mirabel Voe, et al.
10/17/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Alliance Defending Freedom submitted by Natalie D. Thompson of Alliance Defending Freedom of Washington D.C.
10/07/2024Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of  Elizabeth Gill 's Admission Pro Hac Vice is granted.
10/07/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Elizabeth Gill is granted.
10/07/2024Pro hac vice motion filed  Motion of Resident Attorney in Support of Elizabeth Gill's Admission Pro Hac Vice filed on behalf of Mirabel Voe, et al.
10/07/2024Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Elizabeth Gill filed on behalf of Mirabel Voe, et al.
10/07/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Omar Gonzalez-Pagan is granted.
10/07/2024Pro hac vice motion disposedFiling granted Motion in support of Omar Gonzalez-Pagan's Admission Pro Hac Vice is granted.
10/07/2024Pro hac vice motion filed  Motion of Resident Attorney in Support of Omar Gonzalez-Pagan's Admission Pro Hac Vice filed on behalf of Mirabel Voe, et al.
10/07/2024Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Omar Gonzalez-Pagan filed on behalf of Mirabel Voe, et al.
10/03/2024Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Karen L. Loewy's Admission Pro Hac Vice is granted.
10/03/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Karen L. Loewy is granted.
10/03/2024Pro hac vice motion filed  Unopposed Motion of Resident Attorney Maddy R. Dwertman in Support of Karen L. Loewy's Admission Pro Hac Vice filed on behalf of Mirabel Voe, et al.
10/03/2024Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice for Karen L. Loewy filed on behalf of Mirabel Voe, et al.
09/27/2024Motion 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 November 13, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/27/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Mirabel Voe, et al.
09/13/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than October 14, 2024.
09/04/2025Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Noah Walusis’s Admission Pro Hac Vice is granted.
09/04/2025Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Noah Walusis is granted.
09/03/2025Pro hac vice motion filed  Motion of Resident Attorney Nicholas O. Kennedy in Support of Noah Walusis's Admission Pro Hac Vice filed on behalf of the Child Welfare League of America.
09/03/2025Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Noah Walusis filed on behalf of the Child Welfare League of America.
09/03/2025Pro hac vice motion disposed  Motion of Resident Attorney in Support of Angela C Vigil’s Admission Pro Hac Vice is granted.
09/03/2025Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Angela C. Vigil is granted.
09/03/2025Pro hac vice motion filed  Motion of Resident Attorney Nicholas O. Kennedy in Support of Angela C. Vigil's Admission Pro Hac Vice filed on behalf of the Child Welfare League of America.
09/03/2025Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Angela C. Vigil filed on behalf of the Child Welfare League of America.
08/29/2025Amicus Curiae Brief received  Amicus Brief received on behalf of Current and Former DFPS Employee Shelby McCowen, et al., submitted by Holt M. Lackey of Holt Major Lackey, PLLC of Austin, Texas.
08/27/2025Call received  Called received by Child Welfare League of America.
08/27/2025Amicus Curiae Brief received  Amicus Brief received from the Child Welfare League of America. Submitted by Nicholas O. Kennedy of Baker McKenzie, LLP, of Dallas, Texas.
08/25/2025Amicus Curiae Brief received  Amicus Brief received on behalf of American Oversight submitted by Charles "Chad" Baruch of Johnston Tobey Baruch, P.C. of Dallas, Texas.
08/15/2025Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
08/13/2024Case forwarded to Court 
08/11/2025Brief on the Merits  Reply Brief on the Merits filed on behalf of Stephanie Muth, et al.
08/08/2025Phone call from Clerk's Office  Call made to one of the Amicus Attorneys.
08/08/2025Call received  Call received from one of the Amicus Attorneys.
08/08/2025Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Jean Strout's Admission Pro Hac Vice is granted.
08/08/2025Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Jean Strout is granted.
08/08/2024Response Waiver filed  Response Waiver filed on behalf of Mirabel Voe, et al.
08/07/2025Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice for Jean Strout filed on behalf of the National Center for Youth Law.
08/07/2025Pro hac vice motion filed  Motion of Resident Attorney Dustin Rynders in Support of Jean Strout's Admission Pro Hac Vice filed on behalf of the National Center for Youth Law.
08/07/2025Amicus Curiae Brief received  Amicus Brief received on behalf of National Center for Youth Law, et al.  Submitted by Lisa Hobbs with LBH Law PLLC of Austin, Texas.
08/01/2024Amicus Curiae Letter Received  Amicus Curiae Letter Brief received on behalf of Ron Beal of Waco, Texas.
07/21/2025Motion 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 August 11, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/19/2025Motion 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 Stephanie Muth, et al.
07/12/2024Appendix Filed  Appendix to Petition for Review filed on behalf of Stephanie Muth, et al.
07/12/2024Petition for Review  Petition for Review filed on behalf of Stephanie Muth, et al.
07/10/2025Fully hyperlinked brief filed  Hyperlinked Response Brief on the Merits filed on behalf of Mirabel Voe, et al.
07/08/2024Motion to Consolidate disposedFiling granted Unopposed Motion for Consolidation of Related Appeals granted.  All future filings will be entered in case no. 24-0384 and restyled.
07/07/2025Brief on the Merits  Response Brief on the Merits filed on behalf of Mirabel Voe, et al.
06/28/2024Motion to Consolidate filed  Unopposed Motion to Consolidate filed on behalf of Stephanie Muth, et al.
06/05/2026Mandate issued  Mandate & Cost Bill Issued
06/04/2024Second 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 July 12, 2024. Further requests for extensions of time for this filing will be disfavored.
06/04/2024Second 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 Stephanie Muth, et al.
05/23/2025Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondents' Brief on the Merits granted. Respondents' Brief is due July 7, 2025. Reply Brief is due July 22, 2025. Further requests for extensions of time for this filing will not be considered.
05/23/2025Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Mirabel Voe, et al.
05/15/2024Amicus Curiae Letter Received  Second Amicus Curiae Letter Brief received on behalf of Ron Beal of Waco, Texas.
05/13/2024Amicus Curiae Letter Received  Amicus Curiae Letter Brief received on behalf of Ron Beal of Waco, Texas.
05/10/2024Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted in part. Petition for Review is due June 12, 2024.
05/10/2024Electronic communication sent to Party  E-mail Sent to Petitioner.
05/10/2024Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Stephanie Muth, et al.
05/10/2024Court reporter/recorder's record 
05/10/2024Clerk's Record 
05/10/2024Supplement to Clerk's/Reporter's Record 
05/10/2024Supplement to Clerk's/Reporter's Record 
05/10/2024Court reporter/recorder's record 
05/10/2024Supplement to Clerk's/Reporter's Record 
04/29/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondents' brief is due no later than June 5, 2025; and Reply brief is due June 20, 2025.
04/28/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Mirabel Voe, et al.
04/24/2026Court approved judgment sent to attorneys of recordIssued
04/24/2026Concurring Opinion issued.Issued Chief Justice Blacklock filed a concurring opinion.
04/24/2026Opinion issuedCourt of Appeals' judgment reversed Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without hearing oral argument, the Court reverses the court of appeals' judgments and vacates the trial court's orders. Per Curiam Opinion (Justice Sullivan not participating)
(4/24/2026 11:15:21 AM) 240384_240385c.pdf, 240384_240385pc.pdf, 24-0384.jmt.pdf
04/24/2026Petition for Review disposedPetition granted pursuant to TRAP 59.1
04/24/2026Petition for Review granted under TRAP 59.1 
04/16/2025Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Stephanie Muth, et al.
04/01/2025Motion 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 is due April 16, 2025. Further requests for extensions of time for this filing will not be considered.  Response Brief is due May 6, 2025. Reply Brief is due May 21, 2025.
04/01/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits  is filed on behalf of Stephanie Muth, et al.
04/01/2025Call received  Call from counsel regarding filing motion for extension of time in cases consolidated for briefing. Counsel will file motion in both cases.
03/12/2025Amicus Curiae Letter Received  Amicus Curiae Letter Brief received from Ron Beal of Waco, Texas.
03/09/2026Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ron Beal of Waco, Texas.
03/06/2026Amicus Curiae Letter Received  Amicus Curiae Letter Brief received from Ron Beal of Waco, Texas.
03/05/2025Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Consolidated Briefs granted.  Consolidated Petitioner's brief due no later than April 2, 2025; Respondents' brief due April 22, 2025; Reply brief due May 7, 2025. Further requests for extensions of time for this filing will be disfavored.
03/04/2025Call received  Call received from petitioner regarding status of motion to consolidate and extension of time to file brief.
03/03/2025Call received  Call received from petitioner regarding status of motion to consolidate and extension of time to file brief.
02/27/2025Motion for Extension of Time to File Brief filed  Unopposed Motion for Consolidation and Extension of Time to File Briefs filed on behalf of Stephanie Muth, et al.
02/10/2025Amicus Curiae Letter Received  Amicus Curiae Letter Brief received from Ron Beal of Waco, Texas.
02/04/2025Notice received  Notice of Withdrawal filed on behalf of Stephanie Muth, et al.
02/04/2025Notice of Appearance  Notice of Appearance filed on behalf of Stephanie Muth, et al.
02/03/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
01/31/2025Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief on the merits due no later than March 3, 2025; Response brief due March 24, 2025; Reply brief due April 8, 2025.
01/15/2025Motion to withdraw disposed ofFiling granted Motion to Withdraw as Counsel granted.
01/15/2025Motion to Withdraw Filed  Motion to Withdraw filed on behalf of Stephanie Muth, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/05/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
The Women's Law ProjectAmicus CuriaeMs. Karlene D. Poll
Ms. Lisa Hobbs
Ms. Christina Beeler
Mr. Dustin Rynders
American OversightAmicus CuriaeMr. Charles (Chad) E. Baruch
Juvenile Law CenterAmicus CuriaeMr. Dustin Rynders
Ms. Christina Beeler
Ms. Karlene D. Poll
Ms. Lisa Hobbs
Child Welfare League of AmericaAmicus CuriaeNoah Walusis
Angela C. Vigil
Nicholas Kennedy
Mirabel Voe, Individually and as Parent and Next Friend of Antonio Voe, a MinorRespondentMr. Omar Gonzalez-Pagan
Ms. Adriana Pinon
Ms. Madeleine Dwertman
Camilla B. Taylor
Ms. Karen L. Loewy
Mr. Paul Castillo
Mr. John Ormiston
Ms. Shelly L. Skeen
Elizabeth Gill
Mr. Brian Klosterboer
Andre Segura
Nicholas Guillory
Mr. Derek R. McDonald
Brandt Roessler
Texas State Employees Union Amicus CuriaeMr. Holt M. Lackey
Foster Care Advocacy CenterAmicus CuriaeMs. Karlene D. Poll
Ms. Christina Beeler
Mr. Dustin Rynders
Ms. Lisa Hobbs
Greg Abbott, in his Official Capacity as Governor of the State of TexasOther interested party  
Current and Former DFPS Employees Shelby McCowen, et al.Amicus CuriaeMr. Holt M. Lackey
Equal Rights AdvocatesAmicus CuriaeMs. Christina Beeler
Mr. Dustin Rynders
Ms. Lisa Hobbs
Ms. Karlene D. Poll
Texas Department of Family and Protective ServicesPetitionerMr. Joseph Mazzara
Mr. Brent Webster
Ms. Lanora C. Pettit
Mr. Jeffrey Stephens
Jacob Beach
Ken Paxton
Beal, RonAmicus CuriaeMr. Ron Beal
National Center for Youth LawAmicus CuriaeMs. Jean Strout
Ms. Lisa Hobbs
Ms. Christina Beeler
Ms. Karlene D. Poll
Mr. Dustin Rynders
Stephanie Muth, in Her Official Capacity as Commissioner of the Texas Department of Family and Protective ServicesPetitionerKen Paxton
Mr. Brent Webster
Mr. Aaron Nielson
Adam Briggle and Amber Briggle, Individually and as Parents and Next Friends of M.B., a MinorOther interested party Mr. Paul Castillo
Mr. Derek R. McDonald
Nicholas Guillory
Ms. Shelly L. Skeen
Mr. Brian Klosterboer
Andre Segura
Ms. Madeleine Dwertman
Texas Civil Rights ProjectAmicus CuriaeMr. Dustin Rynders
Ms. Christina Beeler
Ms. Lisa Hobbs
Ms. Karlene D. Poll
Public CounselAmicus CuriaeMs. Lisa Hobbs
Ms. Karlene D. Poll
Mr. Dustin Rynders
Ms. Christina Beeler
Alliance Defending FreedomAmicus CuriaeMs. Natalie Thompson
PFLAG, Inc.Other interested party Andre Segura
Mr. Derek R. McDonald
Mr. Paul Castillo
Nicholas Guillory
Ms. Shelly L. Skeen
Mr. Brian Klosterboer
Ms. Madeleine Dwertman
Wanda Roe, Individually and as Parent and Next Friend of Tommy Roe, a MinorRespondentMs. Adriana Pinon
Ms. Madeleine Dwertman
Andre Segura
Brandt Roessler
Nicholas Guillory
Elizabeth Gill
Mr. Brian Klosterboer
Mr. Paul Castillo
Mr. John Ormiston
Ms. Karen L. Loewy
Ms. Shelly L. Skeen
Mr. Omar Gonzalez-Pagan
Mr. John Ormiston
Camilla B. Taylor
Mr. Derek R. McDonald
Court of Appeals Information:
Affirmed  
691 SW3d 93, 03-29-24 
3rd Court of Appeals 
Honorable Gisela Triana 
Trial Court Information
459th District Court 
Travis 
Honorable Amy Clark-Meachum 
D-1-GN-22-002569