Supreme Court

Case: 03-0659    
03-0659
07/18/2003
Petition for Review/Cause under Rule 53.1
AUSTIN NURSING CENTER, INC., D/B/A AUSTIN NURSING CENTER, CENTURY CARE OF AMERICA, INC., PAUL GRAY, PAUL HANLON, AND GUADALUPE ZAMORA, M.D. 
PAULINE WILSON LOVATO, INDEPENDENT ADMINISTRATIX OF THE ESTATE OF MARGARITA TORRES WILSON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
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.
09/02/2005Response to Motion for RehearingRespondent On behalf of Pauline Wilson Lovato, et al.  Response to mo/re.
07/06/2005Motion for RehearingPetitioner's motion for rehearing of cause filed Petitioner, Austin Nursing Center, Inc., et al.'s mo/re.
04/29/2004Reply BriefPetitioner Petitoners' reply to respondent's brief on the merits
04/14/2004Brief on the MeritsRespondent Respondent's brief on the merits
02/23/2004Brief on the MeritsPetitioner Petitioners' brief on the merits
01/16/2004Response to PetitionRespondent Response to pet. for review of Austin Nursing Center, Inc., et al.
09/16/2003Appendix FiledPetitioner Appendix attached to petition for review filed on behalf of Austin Nursing Center Inc.
09/16/2003Petition for ReviewPetitioner Petition for review filed on behalf of Austin Nursing Center ET AL.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/18/2003Motion for Extension of Time disposed.Filing granted Respondent's m/e/t to file response was granted until Jan. 16, 2004.  Further req. for ext. of time will be disfavored.
12/18/2003Document received (See Remarks)  additional copies of respondent's m/e/t to file response to pet. for review
12/17/2003Phone call from Clerk's Office  called Ms. Marketto's office re: need add'l copies of m/e/t, she is to overnight them
12/17/2003Motion for Extension of Time to File Response  Respondent's m/e/t to file response to pet. for review (3)
12/16/2003Call received  From Mr. Alfonso Melendez in re:  his due requested response.  More than likely will be filing an m/e/t to file response along with the response. Informed him that the motion is $10.
11/24/2003Letter Filed  letter from Dr. Zamora's counsel, Peter R. Meeker, wishes to get notices
11/17/2003Supreme Court of Texas Requested Response  Requested response is due December 17, 2003  n/l/t 5:00 pm., mlbx rule d/n/a
11/10/2004Oral argument   Argued on behalf of petitioners by Peter R. Meeker;  argued on behalf of respondents by Alfonso L. Melendez.
10/27/2005Record returned to Court of Appeals  10/27/05 Returned borrowed CA Record Rec'd 2/3/05 on loan from 3rd COA in companion case 03-02-00305-CV.   RECORD REC'D 1/27/05 IS STORED WITH THIS CASE.
10/26/2005Case Stored  G02/13-E-3
10/21/2003Case forwarded to Court 
10/20/2005Mandate issued  Mandate and cost bill issued.
10/14/2005Motion for Rehearing - DisposedDenied with Justice not sitting.
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.
09/16/2003Appendix Filed  Appendix attached to petition for review filed on behalf of Austin Nursing Center Inc.
09/16/2003Petition for Review  Petition for review filed on behalf of Austin Nursing Center ET AL.
09/03/2004Case set for oral argumentCase set for oral argument Oral argument is set for 11-10-04
09/02/2005Response to Motion for Rehearing  On behalf of Pauline Wilson Lovato, et al.  Response to mo/re.
08/22/2003Certification (various) in case received  certificate of conference for 2nd 53.7(f) (1)
08/21/2003Second Motion for Extension of Time to File Petition for Review disposedFiling granted 2nd joint m/e/t to file petition for review is granted.  Petition is due: September 15, 2003.
08/21/2003Second Motion for Extension of Time to File Petition for Review filed  Second joint M/E/T to file petition for review filed on behalf of Austin Nursing Center ET AL.
08/06/2004Miscellaneous motion disposed. See Remarks.Filing granted [The date and time for oral argument are yet to be determined.]
08/03/2005Motion for Extension of Time disposed.Filing granted Rsp's m/e/t to file requested response to mo/re due n/l/t 3:00 p.m. on 9/2/05; mlbx rule d/n/a
08/03/2005Response to Motion filed  Response to motion to extend time to file response to mo/re  filed on behalf of Guadalupe Zamora, M.D. (original and 1 copy only)
08/03/2005Motion for Extension of Time to File Response  Respondent, Pauline Wilson Lovato, et al's m/e/t to file response to mo/re.
07/20/2005Supreme Court of Texas Requested Response  Response requested to mo/re of a cause due n/l/t 3:00 p.m. on 8/4/05; mlbx rule d/n/a.
07/20/2004Miscellaneous Motion  Petitioners' unopposed motion to divide oral argument time
07/20/2004Miscellaneous Motion  Petitioners' unopposed motion to reset oral argument
07/20/2004Electronic copies of brief posted to website  Petitioner's ebrief for reply brief, EBRIEF# 03065903
07/20/2004Electronic copies of brief posted to website  Petitioner's ebrief for brief on the merits, EBRIEF# 03065902
07/20/2004Electronic copies of brief posted to website  Respondent's ebrief for Response Brief on the Merits, EBRIEF# 03065901
07/18/2003Motion for Extension of Time to File Petition for Review disposedFiling granted Petitioners' joint m/e/t to file pet. was granted until August 21, 2003.
07/18/2003Motion for Extension of Time to File Petition for Review filed  Petitioners' joint m/e/t to file their pet. for review
07/06/2005Motion for Rehearing forwarded 
07/06/2005Motion for Rehearing  Petitioner, Austin Nursing Center, Inc., et al.'s mo/re.
07/02/2004Case set for oral argumentCase set for oral argument Oral argument is set for 10-19-04
06/18/2004Petition for Review granted  Date and time of oral arguement are yet to be determind
06/18/2004Petition for Review disposedFiling granted Date and time of oral arguement are yet to be determined
06/02/2005Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Pet Austin Nursing Center, Inc's unopposed m/e/t to file mo/re granted.  Mo/re due June 30, 2005.  Further requests for extensions of time will be disfavored.
05/31/2005Motion for Extension of Time to File Motion for Rehearing  Unopposed motion for extension of time to file motion for rehearing filed on behalf of Austin Nursing Center Inc. et al.
05/13/2005Court approved judgment sent to attorneys of recordIssued
05/13/2005Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Motion to divide oral argument time dismissed as moot
05/13/2005Opinion issuedCourt of Appeals' judgment affirmed
04/29/2004Reply Brief  Petitoners' reply to respondent's brief on the merits
04/14/2004Brief on the Merits  Respondent's brief on the merits
03/11/2004Motion for Extension of Time disposed.Filing granted Respondent's m/e/t to file resp. brief was granted until 4/14/04.  Pet's reply brief was due 4/29/04.  Briefs due n/l/t 3:00 pm, mlbx rule d/n/a.  Further requests for ext. of time will be disfavored.
03/11/2004Motion for Extension of Time to File Brief filed  Respondent's m/e/t to file response to brief on the merits
02/24/2004Motion for Extension of Time disposed.Filing granted Pet Austin Nursing Center, Inc's m/e/t to file Pet's brief on the merits was granted and filed 2/23/04.  Resp br is due 3/15/04.  Reply br is due 3/30/04.  Briefs due n/l/t 5:00 p.m.; mlbx rule d/n/a.
02/23/2004Motion for Extension of Time to File Brief filed  Petitioners' m/e/t to file brief on the merits
02/23/2004Brief on the Merits  Petitioners' brief on the merits
02/23/2004Call received  Call received from petitioner, he will be filing a one day m/e/t.  Brief was to be due n/l/t 5pm Friday, 2/20/04.  Brief came in mail Monday 2/23/04.  
02/03/2005Record Received (See Remarks)  on loan from 3rd COA - companion case 03-02-00305-CV  - MUST be returned to 3rd COA when done with it.
01/27/2004Record Received (See Remarks)  Inventory in remarks
01/21/2004Record Requested in Case  Emailed Courtland Crocker @ 3rd CA
01/21/2004Brief on the Merits Ordered  Petitioner's brief is due 02-20-04, resp brief is due 03-11-04, reply brief is due 03-26-04
01/16/2004Response to Petition  Response to pet. for review of Austin Nursing Center, Inc., et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/26/2005Case StoredCase stored.G02/13-E-3
Parties
Party▲▼Party Type▲▼Representative▲▼
Century Care Of America, Inc.PetitionerMs. Cynthia Day Grimes
Lovato, Pauline WilsonRespondentMr. Raul Steven Pastrana
Mr. Alfonso L. Melendez
Zamora, M.D., GuadalupePetitionerMr. David M. Davis
Mr. Peter R. Meeker
Ms. V. Elizabeth Ledbetter
AUSTIN NURSING CENTER, INC.PetitionerMs. Diana L. Faust
Mr. Christopher John Deeves
Mr. R. Brent Cooper
WILSON, MARGARITA TORRES (ESTARespondentMs. Anna Nigel Marketto
Swarbrick, LauraPetitionerLaura Swarbrick
Hanlon, PaulPetitionerMr. Christopher John Deeves
Gray, PaulPetitionerMs. Cynthia Day Grimes
AUSTIN NURSING CENTERPetitionerMs. Ruth G. Malinas
CENTURY CARE OF AMERICA INC.PetitionerMs. Ruth G. Malinas
Mr. Brad M. LaMorgese
Court of Appeals Information:
Reversed and Remanded 
113 SW3d 45, 06-05-03 
3rd Court of Appeals 
Honorable Jan P. Patterson 
Trial Court Information
98th District Court 
Travis 
Honorable Pete Lowry 
GN0-00891