Chris Traylor, as Executive Commissioner of the Texas Health and Human Services Commission And the Texas Health and Human Services Commission v. Diana D., as Next Friend of KD, a Child Karen G., as Next Friend of TG and ZM, Children Guadalupe P., as Next Friend of LP, a Child Sally L., as Next Friend of CH, a Child Dena D., as Next Friend of BD, a Child OCI Acquisition, LLC
This text of Chris Traylor, as Executive Commissioner of the Texas Health and Human Services Commission And the Texas Health and Human Services Commission v. Diana D., as Next Friend of KD, a Child Karen G., as Next Friend of TG and ZM, Children Guadalupe P., as Next Friend of LP, a Child Sally L., as Next Friend of CH, a Child Dena D., as Next Friend of BD, a Child OCI Acquisition, LLC (Chris Traylor, as Executive Commissioner of the Texas Health and Human Services Commission And the Texas Health and Human Services Commission v. Diana D., as Next Friend of KD, a Child Karen G., as Next Friend of TG and ZM, Children Guadalupe P., as Next Friend of LP, a Child Sally L., as Next Friend of CH, a Child Dena D., as Next Friend of BD, a Child OCI Acquisition, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00657-CV
Chris Traylor, as Executive Commissioner of the Texas Health and Human Services Commission; and the Texas Health and Human Services Commission, Appellants
v.
Diana D., as next friend of KD, a child; Karen G., as next friend of TG and ZM, children; Guadalupe P., as next friend of LP, a child; Sally L., as next friend of CH, a child; Dena D., as next friend of BD, a child; OCI Acquisition, LLC d/b/a Care Options for Kids; Connectcare Solutions, LLC d/b/a Connectcare Therapy for Kids; Atlas Pediatric Therapy Consultants LLC; and Pathfinder Pediatric Home Care, Inc., Appellees
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. D-1-GN-15-003263, HONORABLE TIM SULAK, JUDGE PRESIDING
ORDER
PER CURIAM
On April 21, 2016, this Court issued its opinion and judgment, dismissing appellees’
claims asserted against the Texas Health and Human Services Commission and its Executive
Commissioner for lack of jurisdiction. We further reversed and vacated the trial court’s temporary
injunction and dismissed as moot appellants’ rule 24.4 motion to vacate counter-supersedeas
order or, in the alternative, increase counter-supersedeas bond. See Tex. R. App. P. 24.4. On
June 1, 2016, the Texas Supreme Court granted appellees’ unopposed motion to extend time to file
a petition for review from this Court’s opinion and judgment with the Texas Supreme Court and
assigned cause number 16-0405 to the appeal. On June 15, 2016, appellees filed an emergency motion for writ of enforcement with
this Court, requesting that this Court issue an order referring an enforcement proceeding to the trial
court pursuant to Rule 29.4 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 29.4.
On this Court’s request, appellants have filed a response. The parties join issue with the effect of
this Court’s ruling in our opinion on appellants’ rule 24.4 motion. Neither party, however, filed a
motion for rehearing, and the appeal is now pending before the Texas Supreme Court. Rule 29.4
expressly provides that “only the appellate court in which the appeal is pending may enforce the
[interlocutory] order.” Tex. R. App. P. 29.4. Thus, because the appeal is not pending before this
Court, we deny appellees’ emergency motion for writ of enforcement.
It is ordered June 20, 2016.
Before Justices Puryear, Goodwin, and Field
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Chris Traylor, as Executive Commissioner of the Texas Health and Human Services Commission And the Texas Health and Human Services Commission v. Diana D., as Next Friend of KD, a Child Karen G., as Next Friend of TG and ZM, Children Guadalupe P., as Next Friend of LP, a Child Sally L., as Next Friend of CH, a Child Dena D., as Next Friend of BD, a Child OCI Acquisition, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chris-traylor-as-executive-commissioner-of-the-texas-health-and-human-texapp-2016.