Supreme Court

Case: 07-0647    
07-0647
08/15/2007
Petition for Review/Cause under Tex. R. App. P. 59.1
EVELYN CLARK, R.N., ROSEANNE RODRIGUEZ, MHS, AND ELIZABETH ORTIZ, MAS 
CYNTHIA SELL, ON BEHALF OF MITCHELL RAY SELL 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/08/2011Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing (2) filed on behalf of Cynthia Sell.
04/09/2008Reply BriefPetitioner Reply BOM (12) filed on behalf of Evelyn Clark, R.N., et al.
03/10/2008Brief on the MeritsRespondent Response BOM (12) filed on behalf of Cynthia Sell.
02/19/2008Brief on the MeritsPetitioner Pet's brief on the merits.  On behalf of Evelyn Clark, R.N., et al. (12)
11/13/2007Reply to ResponsePetitioner Reply to Response to PFR (12), filed on behalf of Evelyn Clark, R.N., et al.
10/24/2007Response to PetitionRespondent Response to pet/rev.  On behalf of Cynthia Sell. (12)
10/11/2007Appendix FiledPetitioner Appendix attached to pet/rev.
10/11/2007Petition for ReviewPetitioner On behalf of Evelyn Clark, R.N., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2007Record Requested in Case  From COA
12/18/2007Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 1/17/08; Rsp br due 2/6/08; Reply br due 2/21/08; mlbx rule d/n/a
12/10/2007Notice from attorney regarding vacation dates  Atty for Respondent, Jay Winckler submitted his vacation notice as 12/31/07-01/07/08; 01/25/08-02/04/08; 08/08/08-08/25/08; and 11/6/08-11/11/08. (1)
11/13/2007Reply to Response  Reply to Response to PFR (12), filed on behalf of Evelyn Clark, R.N., et al.
10/30/2007Case forwarded to Court 
10/24/2007Response to Petition  Response to pet/rev.  On behalf of Cynthia Sell. (12)
10/11/2007Appendix Filed  Appendix attached to pet/rev.
10/11/2007Petition for Review  On behalf of Evelyn Clark, R.N., et al.
09/20/2007Second Motion for Extension of Time to File Petition for Review disposedFiling granted 2nd m/e/t to file pet/rev is granted.  Pet/rev is due October 12, 2007.
09/19/2007Response to Motion filed  Response to pets' 2nd 53.7 motion.  On behalf of Cynthia Sell. (12)
09/13/2007Phone call from Clerk's Office  Call made to Jay Winckler.  He opposes 2nd 53.7 motion, and will be filing a response.  
09/13/2007Second Motion for Extension of Time to File Petition for Review filed  Filed on behalf of Evelyn Clark, et al., 2nd M/E/T to file Pet Rev. (12)
08/28/2007Motion 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 9/12/07
08/27/2007Notice from Counsel of a change in address  Notice of change of address for atty. Deanna Dean Smith. (2)
08/24/2007Response to Motion filed  Response to m/e/t to file pet/rev.  On behalf of Cynthia Sell, et al. (12)
08/16/2007Phone call from Clerk's Office  to Mr. Jay Winckler.  Re: will be filing a response to 53.7 motion.  Per Sam, Mr. Winckler's assistant, they oppose and they will be filing a response to it.  I told her that their response needs to be filed within 10days.  She said that they won't be able to file the response within 10days because they haven't rec'd the motion.
08/15/2007Motion for Extension of Time to File Petition for Review filed  On behalf of Evelyn Clark, et al. (12)
07/15/2008Notice received  Notice of change of firm name submitted on behalf of Mr. Chastitin N. Horne, atty for other, Rocio Gamez, LVN and FDS Solutions, L.L.C. D/B/A Advantage Medical Staffing,  Ebanks Taylor Horne L.L.P., 1301 McKinney Street, Suite 2700, Houston, TX  77010-3079, Phone (713) 333-4500, fax (713) 333-4600.
07/11/2011Case Stored  Row 19 D-3
05/20/2008Notice from attorney regarding vacation dates  Vacation notice for Rocio Gamez's counsel, Ms. Chastiti Horne.  She will be on vacation July 14-18, 2008; July 21-25, 2008; Aug 25-29, 2008; Dec 15-19, 2008. (1)
05/16/2008Motion to withdraw disposed ofFiling granted Deanna Dean Smith's motion to withdraw as counsel for Rocio Games, LVN, et al. is granted.   Chastiti N. Horne is now designated as lead counsel.
05/08/2008Phone call from Clerk's Office  Left msg. w/ Ms. Deanna Smith requesting cert. of conference for the motion to w/draw as counsel.
05/05/2008Designation of Lead Counsel   Designation of Lead Counsel, Chastiti N. Horne (12) filed on behalf of Romio Gamez, LVN, et al.
05/05/2008Notice requesting filing fee  Sent $10.00 fee request letter to Deanna Smith for the motion to withdraw
05/05/2008Phone call from Clerk's Office  Requested $10.00 fee for motion to withdraw.
05/05/2008Motion to Withdraw Filed  Motion to withdraw of Deanna Dean Smith and designation of Chastiti N. Horne as new lead counsel (12) filed on behalf of Rocio Gamez, LVN, et al.
04/13/2011Record returned to Court of Appeals  RECORD RETURNED TO THE 7TH COA
04/13/2011Mandate issued  Mandate & Cost Bill Issued
04/10/2008Motion for Extension of Time disposed.Filing granted M/e/t to file pet's reply bom is granted.   Pet's reply brief was filed April 9, 2008.
04/09/2008Phone call from Clerk's Office  Spoke w/ asst. for Mr. Winckler.  She informed the Court that the RSP does not oppose the m/e/t to file reply brief.
04/09/2008Reply Brief  Reply BOM (12) filed on behalf of Evelyn Clark, R.N., et al.
04/09/2008Motion for Extension of Time to File Brief filed  PET's m/e/t to file Reply BOM (12) filed on behalf of Evelyn Clark, R.N., et al.
04/01/2011Motion for Rehearing - DisposedDenied
03/24/2008Electronic copies of brief posted to website  #07064703  Petitioner's Brief on the Merits  Filed: 02/19/08
03/20/2008Electronic copies of brief posted to website  #07064702  Respondent's Brief on the Merits  Filed: 03/10/08
03/10/2008Brief on the Merits  Response BOM (12) filed on behalf of Cynthia Sell.
03/08/2011Phone call from Clerk's Office  Requested electronic copy of motion for rehearing.
03/08/2011Case forwarded to Court 
03/08/2011Motion for Rehearing  Motion for Rehearing (2) filed on behalf of Cynthia Sell.
02/19/2008Brief on the Merits  Pet's brief on the merits.  On behalf of Evelyn Clark, R.N., et al. (12)
02/16/2011Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Respondent's motion for extension of time to file motion of rehearing granted.  Motion for rehearing due 3/9/11.  Further requests for extensions of time will be disfavored.
02/14/2011Call received  From Mr. Jewell to inform the Court that they are no opposed to resp's motion for extension and will not be filing a response.
02/10/2011Phone call from Clerk's Office  Left message for Mr. Jewell.  Requested whether or not motion is opposed or unopposed.
02/07/2011Motion for Extension of Time to File Motion for Rehearing  Motion for extension of time to file motion for rehearing (2) filed on behalf of Cynthia Sell.
01/21/2011Court approved judgment sent to attorneys of recordIssued
01/21/2011Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals
01/21/2011Petition for Review granted under TRAP 59.1 
01/21/2011Petition for Review disposedPetition granted pursuant to TRAP 59.1
01/17/2008Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
01/17/2008Motion for Extension of Time disposed.Filing granted M/e/t to file pet's bom is granted.  Pet's br is due n/l/t 3pm, February 19, 2008.  Resp's br is due n/l/t 3pm, March 10, 2008.  Reply is due n/l/t 3pm, March 25, 2008.  Mailbox rule dna.  Further requests will be disfavored.
01/17/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pet's brief on the merits.  On behalf of Evelyn Clark, R.N., et al. (12)
01/10/2008Electronic copies of brief posted to website  #07064701  Response to Petition  Filed:  10/24/07
01/07/2021Document received (See Remarks)  Scanned document added from database.
01/06/2021Document received (See Remarks)  Scanned document added from database.
01/05/2021Document received (See Remarks)  Scanned document added from database.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/11/2011Case StoredCase stored.Row 19 D-3
Parties
Party▲▼Party Type▲▼Representative▲▼
Sell, CynthiaRespondentMr. Jay L. Winckler
Clark, R.N., EvelynPetitionerJustice Kevin D. Jewell
Mr. Charles T. Jeremiah
Mr. William S. Helfand
Rocio Gamez, LVNOther interested party Ms. Deanna Dean Lovett
Ms. Chastiti Nycole Horne
Court of Appeals Information:
Affirmed [duplicate 1] 
228 SW3d 873, 06-27-07 
7th Court of Appeals 
Honorable Brian P. Quinn 
Trial Court Information
72nd District Court 
Lubbock 
Honorable Ruben Gonzales Reyes 
2006-536,095