Supreme Court

Case: 12-0830    
12-0830
10/15/2012
Petition for Review/Cause under Rule 53.1
TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES A/K/A BRENHAM STATE SCHOOL, ANTHONY V. WATSON, DWANE B. HUBBARD, AND ARETHA L. TURNER 
MARY CANNON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PATRICK TATE DYESS, DECEASED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/12/2014Surreply filedRespondent Respondent's Sur-Reply Brief on the Merits filed on behalf of Mary Cannon, et al.
01/22/2014Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Tex. Dept. of Aging & Disability Serv.
01/08/2014Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Mary Cannon, Individually and as Representative of the Estate of Patrick Tate Dyess, Deceased.  (HARD COPIES REC'D)
11/18/2013Brief on the MeritsPetitioner Petitioner Brief on the Merits filed on behalf of Texas Department of Aging and Disability Services, et al.  (HARD COPIES REC'D)
10/18/2013Petition Reinstated 
08/30/2013Reply to Response to Motion for Rehearing filedPetitioner Reply in Support of Motion for Rehearing filed on behalf of Texas Department of Aging and Disability Services, et al.
08/26/2013Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Mary Cannon.  (HARD COPIES REC'D)
05/06/2013Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Tex. Dept. of Aging and Disability Services, et al.
03/25/2013Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of the Texas Department of Aging and Disability Services.  (HARD COPIES REC'D)
03/08/2013Response to PetitionRespondent Response to Petition for Review filed on behalf of Mary Cannon. (HARD COPIES REC'D)
12/20/2012Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Department of Aging and Disability Services, et al.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2012Petition for Review  Petition for Review filed on behalf of Texas Department of Aging and Disability Services, et al.  (HARD COPIES REC'D)
12/06/2013Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Respondent brief is due January 8, 2014; and Reply brief is due January 23, 2014.
12/06/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Mary Cannon.
11/30/2012Designation of Lead Counsel   Designation of Douglas Geyser as Lead Attorney filed on behalf of the Texas Department of Aging and Disability Services.
11/21/2013Designation of Lead Counsel   Amended Lead Counsel and Notice of Appearance filed on behalf of Mary Cannon.
11/19/2013Designation of Lead Counsel   Notice of Lead Counsel and Appearance of Counsel filed on behalf of Mary Cannon.
11/18/2013Brief on the Merits  Petitioner Brief on the Merits filed on behalf of Texas Department of Aging and Disability Services, et al.  (HARD COPIES REC'D)
11/16/2012Second Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due December 21, 2012. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/14/2012Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion to Extend Time to File Petition for Review. On behalf of Texas Department of Aging and Disability Services, et al.
11/14/2012Designation of Lead Counsel   Notice of Designation of New Lead Appellate Counsel. Asst. Solicitor Gen., Lawrence VanDyke is now lead appellate counsel for the Petitioners in this case.
11/05/2013Case Record Filed   Electronic Appellate Record received.
10/21/2013Record Requested in Case  Record requested from the 14th COA
10/18/2013Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 11/18/13; Response brief due 12/9/13; Reply brief due 12/27/13.
10/18/2013Petition Reinstated 
10/18/2013Previous Order of the Court withdrawn  Denial of petition for review on April 19, 2013, withdrawn.
10/18/2013Motion for Rehearing - DisposedFiling granted
10/17/2012Motion for Extension of Time to File Petition for Review disposedFiling granted Motion to extend the time to file Petition is granted. Petition is due November 21, 2012.
10/15/2012Motion for Extension of Time to File Petition for Review filed  Unopposed motion to extend the time to file their Petition for Review. On behalf of Texas Department of Aging and Disability Services, et al.
09/16/2014Oral argument   Argued on behalf of petitioners by Douglas D. Geyser; argued on behalf of respondents by Gaines West and Jennifer D. Jasper
08/30/2013Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of Texas Department of Aging and Disability Services, et al.
08/26/2013Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Mary Cannon.  (HARD COPIES REC'D)
08/16/2013Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of time to file a Response to Motion for Rehearing filed on behalf of Mary Cannon has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response due August 29, 2013.
08/16/2013Motion for Extension of Time to File Response  Motion for Extension of time to file a Response to Motion for Rehearing filed on behalf of Mary Cannon.
08/15/2013Phone call from Clerk's Office  Call made to respondent attorney, Bennie Rush, to find out status of requested response to motion for rehearing.  Per his office, a motion for extension of time will be forthcoming today and the response will be filed shortly after.
07/17/2013Supreme Court of Texas Requested Response  Response due 08/01/13.
07/07/2014Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Texas Department of Aging and Disability Services, et al.
06/24/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Gaines West (State Bar No. 21197500) and Jennifer D. Jasper (State Bar No. 24027026) on behalf of Mary Cannon.
06/13/2014Case set for oral argumentCase set for oral argument [Note: This cause has been set for oral argument at 9:00 a.m., September 16, 2014.]  Time allotted to argue: 20/20 minutes
06/11/2014Letter Filed  Petitioner requests that oral argument is not set during the same month as case no. 13-0537.
06/06/2014Petition for Review disposedFiling granted [Note: The date and time for oral argument are yet to be determined.]
06/06/2014Petition for Review granted 
05/07/2015Case Stored  G02 Row 14 E-4
05/07/2013Case forwarded to Court 
05/06/2013Motion for Rehearing  Motion for Rehearing filed on behalf of Tex. Dept. of Aging and Disability Services, et al.
04/19/2013Petition for Review disposedDenied
03/25/2013Reply to Response  Reply in Support of Petition for Review filed on behalf of the Texas Department of Aging and Disability Services.  (HARD COPIES REC'D)
03/08/2013Response to Petition  Response to Petition for Review filed on behalf of Mary Cannon. (HARD COPIES REC'D)
02/22/2013Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 3/25/13.
02/19/2015Mandate issued  Mandate & Cost Bill Issued
02/14/2014Phone call from Clerk's Office  Left message for Mr. Geyser.  Requested whether or not a response to the motion will be filed.  Mr. Geyser informed the Court that a response will not be filed.
02/14/2014Certification (various) in case received  Certificate of Conference to Motion for Leave to file Respondent's Sur-Reply Brief. On behalf of Mary Cannon, et al.
02/14/2014Phone call from Clerk's Office  Requested certificate of conference for the Motion for Leave to File Sur-Reply.
02/12/2014Surreply filed  Respondent's Sur-Reply Brief on the Merits filed on behalf of Mary Cannon, et al.
02/12/2014Motion for leave to file brief  Motion for Leave to File Respondent's Sur-Reply Brief on the Merits filed on behalf of Mary Cannon, et al.
01/22/2014Reply Brief  Reply Brief on the Merits filed on behalf of Tex. Dept. of Aging & Disability Serv.
01/22/2013Case forwarded to Court 
01/09/2015Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Motion for Leave to File Respondent's Sur-Reply Brief on the Merits dismissed as moot
01/09/2015Court approved judgment sent to attorneys of recordIssued
01/09/2015Opinion issuedCourt of Appeals' judgment affirmed The Court affirms the court of appeals' judgment.  Justice Lehrmann delivered the opinion of the Court.
01/08/2014Brief on the Merits  Response Brief on the Merits filed on behalf of Mary Cannon, Individually and as Representative of the Estate of Patrick Tate Dyess, Deceased.  (HARD COPIES REC'D)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/07/2015Case StoredCase stored.G02 Row 14 E-4
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Department of Aging and Disability ServicesPetitionerMr. Daniel T. Hodge
Mr. Douglas D. Geyser  
Mr. Jonathan F. Mitchell
Mr. Lawrence J.C. VanDyke
Mr. Andrew Oldham  
Mr. Gregory Abbott
Ms. Bridget Lynn McKinley
Cannon, MaryRespondentMr. Gaines F. West II
Ms. Jennifer D. Jasper
Mr. Robert George II
Mr. Bennie D. Rush
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
383 SW3d 571, 07-19-12 
14th Court of Appeals 
Honorable Charles W. Seymore 
Trial Court Information
21st District Court 
Washington 
Honorable Terry Flenniken 
34,370