Supreme Court

Case: 02-0701    
02-0701
11/07/2002
Petition for Review/Cause under Rule 53.1
CARL J. BATTAGLIA, M.D., P.A., AND TOMMY A. POLK, M.D., P.A. 
LISA JONES ALEXANDER, INDIVIDUALLY AND AS NATURAL REPRESENTATIVE OF THE ESTATE OF MARK G. ALEXANDER, DECEASED, JAMES ALEXANDER, INDIVIDUALLY, AND RUBY ALEXANDER, INDIVIDUALLY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/13/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/12/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/11/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/10/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/09/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/08/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/07/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/06/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
07/21/2005Motion for RehearingPetitioner's motion for rehearing of cause filed Petitioner's mo/re.  On behalf of Carl J. Battaglia, MD, et al.
05/26/2005Additional citations received.Respondent On behalf of Lisa Jones Alexander, et al.  Citied case # 03-0794 in which the Court issued an opinion.
10/23/2003Response to PetitionRespondent Lisa Jones Alexander, et al's response to petitioner's post-submission brief
10/17/2003Post submission brief filedPetitioner Petitioner's post submission brief
09/26/2003Amicus Curiae Letter ReceivedReceived (instead of filed) on behalf of Texas Medical Association, by Donald P. Wilcox, et al, 401 West 15th Street, Austin, Texas  78701  512-370-1335
08/25/2003Reply to ResponsePetitioner Petitioners' sur reply to motion to dismiss as inprovidently granted
08/25/2003Reply to ResponseRespondent respondents' reply to response to motion to dismiss as improvidently granted
05/16/2003Response to PetitionRespondent Response to amicus curiae filed on behalf of Lisa Jones Alexander ET AL.
05/13/2003Reply BriefPetitioner Petitioner's reply brief to resp's brief on the merits
05/06/2003Amicus Curiae Letter ReceivedReceived (instead of filed) On behalf of Texas Medical Association, by Susan Taylor, 401 West 15th Street, Austin, TX, 78701, (512) 370-1348
04/28/2003Brief on the MeritsRespondent Respondents' brief on the merits
03/18/2003Brief on the MeritsPetitioner Petitioners' brief on the merits
01/13/2003Reply to ResponsePetitioner Petitioners' reply to response to pet. for review (copy of letter in control folder)
01/02/2003Response to PetitionRespondent on behalf of Lisa Jones Alexander, ET AL.
11/07/2002Appendix FiledPetitioner appendix attached to petition
11/07/2002Petition for ReviewPetitioner On behalf of Carl J. Battaglia, M. D., P. A., ET AL.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2005Miscellaneous motion disposed. See Remarks.Denied motion to modify judgment and disposition denied
12/30/2005Motion for Rehearing - DisposedDenied motion to modify judgment and disposition denied
12/02/2002Supreme Court of Texas Requested Response  Response due January 2, 2003, n/l/t 5:00 pm, mlbx rule d/n/a
11/19/2002Case forwarded to Court 
11/18/2002Response Waiver filed  on behalf of Lisa Jones Alexander, et al
11/07/2002Appendix Filed  appendix attached to petition
11/07/2002Petition for Review  On behalf of Carl J. Battaglia, M. D., P. A., ET AL.
10/23/2003Response to Petition  Lisa Jones Alexander, et al's response to petitioner's post-submission brief
10/17/2003Post submission brief filed  Petitioner's post submission brief
10/15/2003Oral argument   Argued on behalf of petitioners by Jack G. Carnegie; argued on behalf of respondents by Kevin H. Dubose.
10/13/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/12/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/11/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/10/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/09/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/08/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/07/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/06/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
09/26/2003Amicus Curiae Letter Received  on behalf of Texas Medical Association, by Donald P. Wilcox, et al, 401 West 15th Street, Austin, Texas  78701  512-370-1335
08/25/2003Reply to Response  respondents' reply to response to motion to dismiss as improvidently granted
08/25/2003Reply to Response  Petitioners' sur reply to motion to dismiss as inprovidently granted
08/14/2003Notice from Counsel of a change in address  for attorney Kevin Dubose - change reflected in case management
08/14/2003Response to Motion filed  Petitioner's response to motion to dismiss as improvidentlty granted
08/04/2003Supreme Court of Texas Requested Response  Response to motion to dismiss as improvidently granted is due: Aug 14, 2003, n/l/t 5:00 pm., mlbx rule d/n/a
08/01/2003Motion to dismiss application for writ of error  Respondent's motion to dismiss as improvidently granted
07/24/2003Created for Data Conversion -- an event inserted to correspond to the submission date of a process  CONVERSION EVENT: auto-inserted to match archive submission info.
07/24/2003Amount of time allotted for oral argument.  20 minutes per side
07/24/2003Set for Submission  To be argued Wednesday, October 15, 2003 @ 9 a.m.
07/21/2005Motion for Rehearing forwarded 
07/21/2005Motion for Rehearing  Petitioner's mo/re.  On behalf of Carl J. Battaglia, MD, et al.
07/06/2005Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Pets' 2nd unopposed m/e/t to file mo/re granted.  Mo/re due n/l/t 5:00 p.m. on 7/21/05.  Response to Rsp's motion to modify judgment & disposition due 7/21/05.   Further requests for extensions of time will not be considered.
07/05/2005Motion for Extension of Time to File Motion for Rehearing  Petitioners Carl J. Battaglia, et al.s' second unopposed m/e/t to file mo/re and response to respondents' motion to modify judgment and disposition.
06/17/2005Motion for Extension of Time to File Response disposedFiling granted Pet's unopposed m/e/t to file response to rsp's motion to modify judgment & disposition granted.  Response due 7/7/05.  Further requests for extensions of time will be disfavored.
06/17/2005Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Pet's unopposed m/e/t to file mo/re granted.  Mo/re due n/l/t 5:00 p.m. on July 7, 2005.  Further requests for extensions of time will be disfavored.
06/17/2005Motion for Extension of Time to File Response  Unopposed motion for extension of time to file response to motion to modify judgment and disposition filed on behalf of Carl J. Battaglia et al.  
06/14/2005Letter sent to parties from Supreme Court - See Remarks  The Court has made non-substantive changes to the majority opinion delivered on May 27, 2005, in cause 02-0701,   correcting a reference to reflect the directed verdict was for, not against Polk.  Copies sent to lead counsel and publishers this date.
06/12/2003Petition for Review disposedFiling granted
06/10/2005Notice requesting filing fee  Fee request sent to atty., David M. Bays regarding unpaid filing fee for m/e/t to file mo/re
06/10/2005Motion for Extension of Time to File Motion for Rehearing  Unopposed motion for extension of time to file motion for rehearing filed on behalf of Carl J. Battaglia, et al.
06/08/2005Miscellaneous Motion  Motion to modify judgment and disposition.  Filed on behalf of Lisa Jones Alexander, et al.
05/27/2005Motion to dismiss disposedDenied respondent's motion to dismiss as improvidently granted is denied
05/27/2005Court approved judgment sent to attorneys of recordIssued
05/27/2005Concurring and Dissenting Opinion delivered 
05/27/2005Opinion issuedCourt of Appeals' judgment reversed in part
05/27/2005Opinion issuedCourt of Appeals' judgment reversed in part
05/26/2005Additional citations received.  On behalf of Lisa Jones Alexander, et al.  Citied case # 03-0794 in which the Court issued an opinion.
05/16/2003Response to Petition  Response to amicus curiae filed on behalf of Lisa Jones Alexander ET AL.
05/13/2003Reply Brief  Petitioner's reply brief to resp's brief on the merits
05/06/2003Amicus Curiae Letter Received  On behalf of Texas Medical Association, by Susan Taylor, 401 West 15th Street, Austin, TX, 78701, (512) 370-1348
04/28/2003Brief on the Merits  Respondents' brief on the merits
04/07/2003Motion for Extension of Time disposed.Filing granted Respondents' m/e/t to file brief granted until 4/28/03. Pet/s reply br due 5/13/03. Further req. for ext. of time disfavored.
04/07/2003Motion for Extension of Time to File Brief filed  Respondents' m/e/t to file brief on the merits
03/18/2003Brief on the Merits  Petitioners' brief on the merits
03/18/2003Call received  from Linda Adames, copy service put a plastic cover on brief. Pls fold back plastic cover and stamp front page.
03/18/2003Notice received  from 14th COA Clerk Ed Wells, the Court has recalled the mandated in this case
03/11/2003Motion for Extension of Time disposed.Filing granted Pet/s m/e/t to file brief granted until 03-18-03. Resp br due 04-07-03. Pet/s reply br due 04-22-03. Brs due n/l/t 5:00 pm. Mlbx rule d/n/a.
03/10/2003Motion for Extension of Time to File Brief filed  Petitioners' m/e/t to file brief on the merits (orig. sign. document rec'd 3-11-03)
02/19/2003Record Received (See Remarks)  Inventory in remarks(V1 of clk's record has a sealed document attached in manila folder)
02/07/2003Brief on the Merits Ordered  Pet's br due 03-10-03, resp br due 03-31-03, pet's reply br due 04-15-03
02/07/2003Record Requested in Case  Called and faxed the 14th CA - left voice mail message for Roderick
01/13/2003Reply to Response  Petitioners' reply to response to pet. for review (copy of letter in control folder)
01/03/2006Case Stored  G02/12-B-3
01/03/2006Mandate issued  Mandate and cost bill issued.
01/02/2003Response to Petition  on behalf of Lisa Jones Alexander, ET AL.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/03/2006Case StoredCase stored.G02/12-B-3
Parties
Party▲▼Party Type▲▼Representative▲▼
ALEXANDER, LISA JONESRespondentMr. Parker B. Binion
POLK, M.D., A. TOMMY A.PetitionerMr. David M. Bays
Mr. Thomas P. Sartwelle
BATTAGLIA, M.D., A., CARLPetitionerMr. Jack G. Carnegie
ALEXANDER, RUBYRespondentMr. Russell S. Post
Mr. Kevin H. Dubose
TEXAS MEDICAL ASSOCIATIONAmicus CuriaeMr. Donald P. Wilcox
Ms. Susan G. Taylor
ALEXANDER, ESTATE OF MARK G.RespondentMr. Jim M. Perdue Jr.
Mr. Jim M. Perdue Sr.
ALEXANDER, JAMESRespondentMr. Parker B. Binion
Court of Appeals Information:
Affirmed [duplicate 3] 
93 SW3d 132, 04-25-02 
14th Court of Appeals 
Honorable KEM THOMPSON FROST 
Trial Court Information
190th District Court 
Harris 
Honorable John P. Devine 
98-05567