Supreme Court

Case: 24-0802    
24-0802
09/23/2024
Petition for Review/Cause under Rule 53.1
ACS STATE HEALTHCARE, LLC, AND CONDUENT STATE HEALTHCARE, LLC 
M&M ORTHODONTICS, PA; DR. SCOTT MALONE, DDS; AND DR. DIANA MALONE, DDS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/10/2026Supplemental Brief filedRespondent Supplemental Brief filed on behalf of M&M Orthodontics, PA, et al.
04/09/2026Supplemental Brief filedPetitioner Supplemental Brief filed on behalf of ACS State Healthcare, LLC, et al.
01/20/2026Reply BriefPetitioner Reply Brief on the Merits filed on behalf of ACS State Healthcare, LLC, et al.
11/19/2025Response to Brief filedRespondent Respondents' Response Brief on the Merits filed on behalf of M&M Orthodontics, PA, et al.
08/29/2025Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of ACS State Healthcare, LLC, et al.
04/23/2025Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of ACS State Healthcare, LLC, et al.
03/10/2025Appendix FiledRespondent Appendix to Response filed on behalf of M&M Orthodontics, PA, et al.
03/07/2025Response to PetitionRespondent Response to Petition for Review filed on behalf of M&M Orthodontics, PA, et al.
10/30/2024Petition for ReviewPetitioner Petition for Review filed on behalf of ACS State Healthcare, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2025Motion 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 January 20, 2026. Further requests for extensions of time for this filing will not be considered.
12/22/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of ACS State Healthcare, LLC, et al.
12/20/2024Supreme Court of Texas Requested Response  Response requested to petition for review due no later than January 21, 2025.
12/03/2025Motion 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 January 5, 2026. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/02/2025Motion 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 ACS State Healthcare, LLC, et al.
11/19/2025Response to Brief filed  Respondents' Response Brief on the Merits filed on behalf of M&M Orthodontics, PA, et al.
11/19/2024Case forwarded to Court 
11/12/2024Response Waiver filed  Response Waiver filed on behalf of M&M Orthodontics, PA, et al.
10/30/2024Petition for Review  Petition for Review filed on behalf of ACS State Healthcare, LLC, et al.
10/20/2025Call received  Call received from Counsel.
10/20/2025Motion 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 November 19, 2025. Petitioner's Reply Brief on the Merits is due December 4, 2025.  Further requests for extensions of time for this filing will not be considered.
10/20/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of M&M Orthodontics, PA, et al.
09/23/2024Clerk's Record 
09/23/2024Clerk's Record 
09/23/2024Clerk's Record 
09/23/2024Docketing statement filed 
09/23/2024Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than October 30, 2024.
09/23/2024Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of ACS State Healthcare, LLC, et al.
09/23/2024Court reporter/recorder's record 
09/23/2024Supplement to Clerk's/Reporter's Record 
09/16/2025Motion 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 October 20, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due November 3, 2025.
09/16/2025Motion 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 M&M Orthodontics, PA, et al.
09/03/2026Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondent, M&M Orthodontics, et al. Oral Argument will be presented by Jason Ray of Riggs and Ray. P.C. of Austin, Texas.
09/03/2026Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioner, ACS State Healthcare, LLC, et al. Oral Argument will be presented by Constance H. Pfeiffer of Yetter Coleman LLP of Houston, Texas.
09/03/2026Call received  Call received from paralegal for counsel for Respondent regarding oral argument submission form.
08/29/2025Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of ACS State Healthcare, LLC, et al.
07/23/2025Motion 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 August 29, 2025. Further requests for extensions of time for this filing will not be considered. Response Brief is due September 18, 2025. Reply Brief is due October 3, 2025.
07/23/2025Motion 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 ACS State Healthcare, LLC., et al.
06/24/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioners' brief is due no later than July 30, 2025; Respondents' brief is due August 19, 2025; and Reply brief is due September 3, 2025.
06/23/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of ACS State Healthcare, LLC, et al.
05/30/2025Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than June 30, 2025; Response brief due July 21, 2025; Reply brief due August 5, 2025.
05/29/2026Notice from Counsel of a change in address  Notice of Change in Address filed on behalf of Counsel for ACS State Healthcare, LLC, et al.
04/23/2025Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of ACS State Healthcare, LLC, et al.
04/10/2026Supplemental Brief filed  Supplemental Brief filed on behalf of M&M Orthodontics, PA, et al.
04/09/2026Supplemental Brief filed  Supplemental Brief filed on behalf of ACS State Healthcare, LLC, et al.
04/02/2026Call received  Call from counsel inquiring about the rule requirements for the supplemental briefing ordered by the court.
03/27/2026Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., September 15, 2026. Time allotted to argue: 20/20 minutes
03/27/2026Petition for Review disposedFiling granted
03/27/2026Petition for Review granted 
03/20/2025MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply granted. Reply is due April 23, 2025. Further requests for extensions of time for this filing will be disfavored.
03/20/2025Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of ACS State Healthcare, LLC, et al.
03/11/2026Letter sent to parties from Supreme Court - See Remarks  Supplemental Briefing ordered: "The Supreme Court of Texas orders that the parties file supplemental briefs addressing the following question: Did the court of appeals have jurisdiction to hear this interlocutory appeal under section 51.014(a)(5) of the Civil Practice and Remedies Code, section 51.014(a)(8) of that Code, or any other source of interlocutory appellate jurisdiction? The supplemental briefs should be supported by citations to the record and legal authority.  The briefs are due no later than 12:00 p.m., April 10, 2026. PLEASE NOTE pursuant to TEX. R. APP. P. 9.2(c)(2) all documents (except documents submitted under seal) must be e-filed through eFileTexas.gov."
03/10/2025Appendix Filed  Appendix to Response filed on behalf of M&M Orthodontics, PA, et al.
03/07/2025Response to Petition  Response to Petition for Review filed on behalf of M&M Orthodontics, PA, et al.
02/18/2025Motion 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 March 7, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
02/18/2025Motion 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 M&M Othodontics, PA, et al.
01/21/2025Motion 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  February 20, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/21/2025Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of M&M Orthodontics, PA, et al.
01/20/2026Reply Brief  Reply Brief on the Merits filed on behalf of ACS State Healthcare, LLC, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/10/2026StatusBrief dueSupplemental briefing due
09/15/2026Submission (Set to be Heard)Submission (Set to be heard) 
Parties
Party▲▼Party Type▲▼Representative▲▼
M&M Orthodontics, PARespondentMr. E. Hart Green
Mr. Jason D. Ray
Mr. Mitchell A. Toups
Conduent State Healthcare, LLCPetitionerMs. Amanda G. Taylor
Ms. Constance H. Pfeiffer
Ms. Lily Hann
Mr. Eric J.R. Nichols
Mr. Jason R. LaFond
Mr. Christopher Cowan
Malone, DDS, ScottRespondentMr. Mitchell A. Toups
Mr. E. Hart Green
Mr. Jason D. Ray
ACS State Healthcare, LLCPetitionerMr. Christopher Cowan
Mr. Eric J.R. Nichols
Ms. Amanda G. Taylor
Ms. Constance H. Pfeiffer
Mr. Jason R. LaFond
Ms. Lily Hann
Malone, DDS, DianaRespondentMr. E. Hart Green
Mr. Mitchell A. Toups
Mr. Jason D. Ray
Court of Appeals Information:
Affirmed  
733 SW3d 43, 08-15-24 
3rd Court of Appeals 
Honorable Darlene Byrne 
Trial Court Information
126th District Court 
Travis 
Honorable Maya Guerra Gamble 
D-1-GN-14-000321