Supreme Court

Case: 06-0929    
06-0929
10/24/2006
Petition for Review/Cause under Tex. R. App. P. 59.1
LIVING CENTERS OF TEXAS, INC., CYNDI BROWN, LNFA, AND KIMBERLY BORDOVSKY, DON 
AUGUSTINE PEÑALVER, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF MARIA BELIA PEÑALVER, DECEASED, AND RAMON PEÑALVER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/12/2007Reply BriefPetitioner Reply brief on the merits filed on behalf of Living Centers of Texas, Inc., et al. (12)
05/22/2007Brief on the MeritsRespondent Respondent's brief on the merits.  On behalf of Augustine Penalver, et al.
05/07/2007Brief on the MeritsPetitioner Petitioners' Brief on the Merits, (12) filed on behalf of Living Centers of Texas, Inc., et al.
12/28/2006Response to PetitionRespondent Response to pet/rev.  On behalf of Augustine Penalver, et al.
11/29/2006Appendix FiledPetitioner Appendix attached to petition for review.
11/29/2006Petition for ReviewPetitioner Pet. for review filed on behalf of Living Centers of Texas, Inc., Cyndi Brown, LNFA, and Kimberly Bordovsky, Don    
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2006Response to Petition  Response to pet/rev.  On behalf of Augustine Penalver, et al.
12/21/2020Document received (See Remarks)  Scanned document added from database.
12/21/2020Document received (See Remarks)  Scanned document added from database.
12/20/2020Document received (See Remarks)  Scanned document added from database.
12/20/2020Document received (See Remarks)  Scanned document added from database.
12/19/2020Document received (See Remarks)  Scanned document added from database.
12/19/2020Document received (See Remarks)  Scanned document added from database.
12/18/2020Document received (See Remarks)  Scanned document added from database.
12/18/2020Document received (See Remarks)  Scanned document added from database.
11/29/2006Appendix Filed  Appendix attached to petition for review.
11/29/2006Petition for Review  Pet. for review filed on behalf of Living Centers of Texas, Inc., Cyndi Brown, LNFA, and Kimberly Bordovsky, Don    
10/30/2006Certification (various) in case received  Certificate of conference for the m/e/t to file pet/rev.  (unopposed).  On behalf of Living Centers of Texas.
10/30/2006Motion for Extension of Time to File Petition for Review disposedFiling granted Pet's m/e/t to file petition for review granted.  Petition for review due n/l/t 5:00 p.m. on 11/29/06.
10/27/2006Call received  from Mr. Mauze's office, respondent's counsel, letting know the Court that they do not oppose the 53.7 motion.  No response to this motion will be file.
10/26/2006Phone call from Clerk's Office  Left msg w/ Angie (secretary for Mr. Mauze) asking that Mr. Mauze call us back to let the Court know if he is opposed to the m/e/t and if he is will he be filing a response.
10/24/2006Motion for Extension of Time to File Petition for Review filed  Pet's m/e/t to file pet/rev.  On behalf of Living Centers of Texas, Inc., et al.
07/31/2008Case Stored  G02 Row 2 D-1 (4 vols)
07/30/2008Mandate issued  Mandate & Cost Bill Issued
06/20/2008Miscellaneous motion disposed. See Remarks.Filing granted Pet's motion for rehearing, being treated as motion to modify judgment, granted
06/20/2008Judgment of Supreme Court modifiedIssued
06/20/2008Judgment Withdrawn  Judgment issued 1/25/08 is withdrawn and corrected
06/13/2007Electronic copies of brief posted to website  #06092905  Petitioners' Reply Brief on the Merits 6/12/07
06/12/2007Reply Brief  Reply brief on the merits filed on behalf of Living Centers of Texas, Inc., et al. (12)
05/24/2007Electronic copies of brief posted to website  #06092904  Respondents' Brief on the Merits 5/22/07
05/22/2007Brief on the Merits  Respondent's brief on the merits.  On behalf of Augustine Penalver, et al.
05/11/2007Electronic copies of brief posted to website  #06092903  Petitioners' Brief on the Merits 5/7/07
05/07/2007Brief on the Merits  Petitioners' Brief on the Merits, (12) filed on behalf of Living Centers of Texas, Inc., et al.
04/18/2008Response to Motion filed  Response to MO/RE (12) filed on behalf of Augustine Penalver, et al. (sent up)
04/16/2007Motion for Extension of Time disposed.Filing granted Pets' m/e/t to file brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 5/7/07; Rsp br due 5/28/07; Reply br due 6/12/07; mlbx rule d/n/a
04/16/2007Response to Motion filed  Respondents' Opposition to Petitioners' M/E/T to file Brief on the Merits. (12)
04/09/2007Call received  Mr. Mauze's (atty for resp) asst. called to say that an opposition for M/E/T to file brief will be filed.
04/06/2007Phone call from Clerk's Office  Call made to atty, Mr. Mauze to ascertain if he was opposed to the met to file brief on the merits filed by the petitioner, and if he was opposed if he intended to file anything in opposition.  Left message on voice mail requesting call back.        
04/06/2007Motion for Extension of Time to File Brief filed  M/E/T to file brief on the merits filed on behalf of Living Centers of Texas, Inc., et al. (12)
04/03/2008Supreme Court of Texas Requested Response  Requested response to motion for rehearing of a cause(being treated as motion to modify judgment) due n/l/t 3:00 p.m. on 4/18/08; mlbx rule d/n/a
03/14/2007Case Record Filed   inventory on remarks.
03/14/2007Electronic copies of brief posted to website  #06092902  Response to Petition 12/28/06
03/14/2007Electronic copies of brief posted to website  #06092901  Petition for Review 11/29/06
03/09/2007Record Requested in Case 
03/07/2007Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 4/6/07; Rsp br due 4/26/07; Reply br due 5/11/07; mlbx rule d/n/a
02/13/2008Miscellaneous Motion  Pet's mo/re.  On behalf of Living Centers of Texas, Inc., et al. (12)
01/25/2008Court approved judgment sent to attorneys of recordIssued
01/25/2008Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
01/25/2008Petition for Review granted under TRAP 59.1 
01/25/2008Petition for Review disposedPetition granted pursuant to TRAP 59.1
01/03/2007Case forwarded to Court 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/31/2008Case StoredCase stored.G02 Row 2 D-1 (4 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Living Centers of Texas, Inc.PetitionerMs. Lori Campione Ferguson
Ms. Diana L. Faust
Mr. Thomas A. Countryman
Ms. Devon J. Singh
Mr. R. Brent Cooper
Penalver, AugustineRespondentMr. George W. Mauzé II
Court of Appeals Information:
Affirmed [duplicate 1] 
217 SW3d 44, 09-13-06 
4th Court of Appeals 
Honorable Phylis J. Speedlin 
Trial Court Information
Probate Court No 2 
Bexar 
Honorable Tom Rickhoff 
2001-PC-0706