Supreme Court

Case: 16-0519    
16-0519
07/13/2016
Second Petition for Review/Cause under Rule 53.1
HONORS ACADEMY, INC., D/B/A HONORS ACADEMY AND AMERICAN YOUTHWORKS, INC., D/B/A AMERICAN YOUTHWORKS CHARTER SCHOOL 
TEXAS EDUCATION AGENCY AND MICHAEL MORATH, IN HIS OFFICIAL CAPACITY AS TEXAS COMMISSIONER OF EDUCATION 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
06/13/2018Motion for RehearingPetitioner's motion for rehearing of cause filedMotion for Rehearing filed on behalf of Honors Academy, Inc.
01/09/2018Exhibits in case/cause filedEvent related to first petition filed in case.Oral Argument Exhibits filed on behalf of Honors Academy, Inc.
01/05/2018Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Texas Charter Schools Association. Submitted by Thomas A. Fuller of Arlington, Texas.
07/31/2017Reply BriefEvent related to first petition filed in case.Reply Brief on the Merits filed on behalf of Honors Academy, Inc.
07/31/2017Reply BriefEvent related to subsequent petition filed in case.Reply Brief on the Merits filed on behalf of American Youthworks, Inc.
06/16/2017Brief on the MeritsRespondentRespondents' Brief on the Merits regarding American YouthWorks filed on behalf of Texas Education Agency, et al.
06/16/2017Brief on the MeritsRespondentRespondent's Brief on the Merits regarding Honors Academy, Inc. filed on behalf of Texas Education Agency, et al.
04/04/2017Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of American YouthWorks, Inc.
03/27/2017Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Honors Academy, Inc.
01/23/2017Reply to ResponseEvent related to subsequent petition filed in case.Reply in Support of Petition for Review filed on behalf of American YouthWorks, Inc.
01/20/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of Texas League of Community Charter Schools in support of Petitioner. Brief was submitted by Richard Arnett.
01/06/2017Response to PetitionRespondentResponse to Honors Academy, Inc.'s Petition for Review filed on behalf of Texas Education Agency, et al.
01/06/2017Response to PetitionRespondentResponse to American Youthworks' Petition filed on behalf of Texas Education Agency, et al.
08/24/2016Petition for Review #3PetitionerPetition for Review filed on behalf of American Youthworks Charter School.
08/24/2016Petition for ReviewPetitionerPetition for Review filed on behalf of Honor Academy, Inc.
Case Events
DateEvent TypeDispositionRemarksDocument
06/13/2018Case forwarded to Court  
06/13/2018Motion for Rehearing Motion for Rehearing filed on behalf of Honors Academy, Inc.
05/14/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedUnopposed Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than June 13, 2018.
05/14/2018Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Honors Academy, Inc.
05/11/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time to file YouthWorks' Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing due June 13, 2018.
05/11/2018Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to File Petitioner’s Motion for Rehearing filed on behalf of YouthWorks, Inc.
04/27/2018Court approved judgment sent to attorneys of recordIssued 
04/27/2018Concurring Opinion issued.IssuedJustice Johnson delivered a concurring opinion.
04/27/2018Opinion issuedIssued 
04/27/2018Opinion issuedCourt of appeals' judgment affirmedThe Court affirms the court of appeals' judgment. Justice Devine delivered the opinion of the Court.  (Justice Blacklock not sitting)
(4/27/2018 12:06:12 PM) 160519c.pdf, 160519.pdf, 16-0519.jmt.pdf
01/10/2018Submission Schedule  
01/10/2018Oral argument  Argued on behalf of petitioner, American YouthWorks, Inc., by Robert A. Schulman; Argued on behalf of petitioner, Honors Academy, by David J. Campbell; Argued on behalf of respondents by Beth Klusmann (Justice Blacklock not sitting)
01/10/2018Oral argument  Argued on behalf of petitioner, American YouthWorks, Inc., by Robert A. Schulman; Argued on behalf of petitioner, Honors Academy, by David J. Campbell; Argued on behalf of respondents by Beth Klusmann (Justice Blacklock not sitting)
01/09/2018Exhibits in case/cause filed Oral Argument Exhibits filed on behalf of Honors Academy, Inc.
01/08/2018Case Record Filed  Per Counsel's letter request filed on 01-05-18, the Court of Appeals forwarded the record in case 03-14-00360-CV.
01/05/2018Letter Filed Letter to notify the Court that the Appellate Record is incomplete, filed on behalf of Honors Academy, Inc. d/b/a Honors Academy.
01/05/2018Amicus Curiae Brief received Amicus Curiae Brief of Texas Charter Schools Association. Submitted by Thomas A. Fuller of Arlington, Texas.
12/13/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted by petitioner, American YouthWorks, Inc. Oral Argument will be presented by Robert A. Schulman of Schulman, Lopez , Hoffer & Adelstein, LLP of San Antonio, Texas.
12/12/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted by respondents, Texas Education Agency and Michael Morath. Oral Argument will be presented by Beth Klusmann of the Office of the Attorney General, Austin Texas.
11/10/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted by petitioner, Honors Academy, Inc. Oral Argument will be presented by David J. Campbell of O'Hanlon, Demerath & Castillo of Austin, Texas.
09/01/2017Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., January 10, 2018.  Time allotted to argue:  20/20 minutes
09/01/2017Petition for Review disposedFiling granted 
09/01/2017Petition for Review granted  
09/01/2017Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., January 10, 2018.  Time allotted to argue:  20/20 minutes
09/01/2017Petition for Review disposedFiling granted 
09/01/2017Petition for Review granted  
07/31/2017Reply Brief Reply Brief on the Merits filed on behalf of American Youthworks, Inc.
07/31/2017Reply Brief Reply Brief on the Merits filed on behalf of Honors Academy, Inc.
06/29/2017Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time is granted. Reply Brief of American YouthWorks is due July 31, 2017. Further requests for extensions of time will be disfavored.
06/29/2017Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due July 31, 2017.
06/28/2017Motion 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 Honors Academy, Inc.
06/28/2017Motion for Extension of Time to File Brief filed Motion for Extension of Time to file Reply Brief filed on behalf of American Youthworks.
06/16/2017Brief on the Merits Respondents' Brief on the Merits regarding American YouthWorks filed on behalf of Texas Education Agency, et al.
06/16/2017Brief on the Merits Respondent's Brief on the Merits regarding Honors Academy, Inc. filed on behalf of Texas Education Agency, et al.
05/09/2017Motion for Extension of Time disposed.Filing grantedSecond Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due on June 16, 2017; Reply Brief is due on July 3, 2017.
05/09/2017Motion for Extension of Time to File Brief filed Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of the Texas Education Agency, et al.
05/02/2017Designation of Lead Counsel  Designation of David Campbell as Lead Counsel, filed on behalf of Honors Academy, Inc.
04/13/2017Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Respondent's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due on May 17, 2017. Reply Brief is due on June 1, 2017.
04/13/2017Motion 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 Texas Education Agency, et al.
04/04/2017Brief on the Merits Petitioner's Brief on the Merits filed on behalf of American YouthWorks, Inc.
03/27/2017Brief on the Merits Petitioner's Brief on the Merits filed on behalf of Honors Academy, Inc.
03/17/2017Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time is granted. Petitioner's Brief is due March 27, 2017. Further requests for extensions of time for this filing will be disfavored. Response Brief is due April 17, 2017. Reply Brief is due May 2, 2017.
03/17/2017Motion 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 Honors Academy, Inc.
03/15/2017Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due April 4, 2017; Respondent's brief is due April 24, 2017; and Reply brief is due May 9, 2017.
03/14/2017Motion 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 American YouthWorks, Inc.
03/07/2017Designation of Lead Counsel  Notice of Designation of Lead Counsel filed on behalf of Texas Education Agency et al.
02/23/2017Case Record Filed  Electronic Appellate Record received.
02/21/2017Record Requested in Petition for Review Record requested from the 3rd COA
02/17/2017Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief due no later than March 20, 2017; Response brief due April 10, 2017; Reply brief due April 25, 2017.
01/23/2017Reply to Response Reply in Support of Petition for Review filed on behalf of American YouthWorks, Inc.
01/20/2017Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of Texas League of Community Charter Schools in support of Petitioner. Brief was submitted by Richard Arnett.
01/06/2017Response to Petition Response to American Youthworks' Petition filed on behalf of Texas Education Agency, et al.
01/06/2017Response to Petition Response to Honors Academy, Inc.'s Petition for Review filed on behalf of Texas Education Agency, et al.
01/06/2017Notice of Appearance Notice of Appearance of Amanda Cochran-McCall filed on behalf of Texas Education Agency and Mike Morath, Commissioner of Education.
12/09/2016Motion for Extension of Time to File Response disposedFiling grantedMotion for Extension of Time is granted. Response is due January 6, 2017. Further requests for extensions of time for this filing will be disfavored.
12/09/2016Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Responses to Petitions filed on behalf of Texas Education Agency and Michael Morath.
12/08/2016Call received Mr. Hughes informed the court that a motion for extension of time to file the response and notice of lead counsel will be filed.
10/28/2016Supreme Court of Texas Requested Response Requested responses to petitions for review due no later than November 28, 2016.
09/27/2016Case forwarded to Court  
09/27/2016Case forwarded to Court  
08/24/2016Petition for Review #3 Petition for Review filed on behalf of American Youthworks Charter School.
08/24/2016Petition for Review Petition for Review filed on behalf of Honor Academy, Inc.
07/21/2016Motion for Extension of Time to File Petition for Review disposedFiling grantedUnopposed Motion for Extension of Time filed on behalf of American YouthWorks, Inc. has been granted. Petition for Review is due August 24, 2016.
07/20/2016Motion for Extension of Time to File Petition for Review filed Unopposed Motion for Extension of Time filed on behalf of American YouthWorks, Inc.
07/20/2016Motion for Extension of Time to File Petition for Review disposedFiling grantedUnopposed Motion for Extension of Time to file Petition for Review is Granted. Petition for Review is due August 24, 2016.
07/20/2016Motion for Extension of Time to File Petition for Review #2 filed Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Azleway, Inc. d/b/a Azleway Charter School.
07/14/2016Motion for Extension of Time to File Petition for Review disposedFiling grantedMotion for Extension of Time is granted. Petition for Review is due August 24, 2016.
07/13/2016Motion 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 Honors Academy, Inc.
Calendars
Set DateCalendar TypeReason SetRemarks
06/13/2018Work-Up by Staff / Review by JusticesMotion for Rehearing 
Parties
PartyPartyTypeRepresentative
Azelway, Inc.Petitioner 2Ms. Susan G. Morrison
Mr. David Jay Campbell
Honors Academy, Inc. d/b/a Honors AcademyPetitionerMr. Kevin T. O'Hanlon
Ms. Leslie L. McCollom
Mr. David Jay Campbell
Michael Morath, in His Official Capacity as Texas Commissioner of EducationRespondentMr. Joseph David 'Jody' Hughes
Ms. Beth E. Klusmann
Mr. Jeffrey C. Mateer
Mr. Brantley D. Starr
Mr. James E. Davis
Mr. Scott A. Keller
Ms. Shelley Nieto Dahlberg
Ms. Amanda Joy Cochran-McCall  
Atty. Gen. W. Kenneth Paxton Jr.
Texas League of Community Charter SchoolsAmicus CuriaeMr. Richard L. Arnett
American YouthWorksPetitioner 3Mr. Robert Allen Schulman
Ms. Maia K. Levenson
Texas Charter Schools AssociationAmicus CuriaeMr. Thomas Anthony Fuller
Texas Education AgencyRespondentMr. Jeffrey C. Mateer
Ms. Shelley Nieto Dahlberg
Mr. Brantley D. Starr
Mr. Joseph David 'Jody' Hughes
Ms. Beth E. Klusmann
Mr. Scott A. Keller
Mr. James E. Davis
Ms. Amanda Joy Cochran-McCall  
Atty. Gen. W. Kenneth Paxton Jr.
Court of Appeals Information:
Vacate and Render 
496 SW3d 244, 06-10-16 
3rd Court of Appeals 
Honorable Jeffrey L. Rose 
Trial Court Information
261st District Court 
Travis 
Honorable Orlinda L. Naranjo 
D-1-GN-14-000672 
 
 

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