Supreme Court

Case: 13-0573    
13-0573
07/25/2013
Petition for Review/Cause under Rule 53.1
THE FREDERICKSBURG CARE COMPANY, L.P. 
JUANITA PEREZ, VIRGINIA GARCIA, PAUL ZAPATA, AND SYLVIA SANCHEZ, INDIVIDUALLY AND AS ALL HEIRS OF ELISA ZAPATA, DECEASED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/09/2015Response to Motion for RehearingPetitioner Petitioner's The Fredericksburg Care Co., LP's Response to Motion for Rehearing.
04/10/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief  in support of Respondent's Motion for Rehearing filed on behalf of Texas Medical Liability Trust and Proassurance Corp. Submitted by Diana Faust of Cooper & Scully PC of Dallas Texas.
03/27/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief in support of Respondents' Motion for Rehearing filed on behalf of TEX-ABOTA.
03/25/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief on behalf of Texas Association of Defense Counsel (TADC) submitted by Mr. R. George Muckleroy IV of Sheats & Muckleroy L.L.P.., Fort Worth, TX.  76102.
03/24/2015Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Juanita Perez, et al.
03/13/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter filed on behalf of David E. Chamberlain.
10/13/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Trial Lawyers Association (TTLA). Submitted by Peter M. Kelly of Kelly, Durham & Pittard LLP, Houston Tx, and Michael Guajardo, president of TTLA, Austin Tx.
02/05/2014Reply BriefPetitioner Reply Brief on the Merits filed on behalf of the Fredericksburg Care Co.
01/21/2014Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Juanita Perez, et al.
12/09/2013Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of The Fredericksburg Care Co., L.P. (Hard Copies Received)
09/11/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of American Health Care Association and Texas Health Care Association, submitted by Mr. Gavin J. Gadberry, Underwood Law Firm, P.C., P.O. Box 9158, Amarillo, TX.  79105, Phone (806) 376-5613, Fax (806) 379-0316. (HARD COPIES REC'D)
09/03/2013Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of The Fredericksburg Care Company, L.P.  (HARD COPIES REC'D)
08/26/2013Response to PetitionRespondent Response to Petition for Review filed on behalf of Juanita Perez, et al.  (HARD COPIES REC'D)
07/25/2013Petition for ReviewPetitioner Petition for Review filed on behalf The Fredericksburg Care Co., L.P. (HARD COPIES REC')
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/17/2013Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Juanita Perez, et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief due January 21, 2014; Reply Brief due February 5, 2014.
12/17/2013Motion 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 Juanita Perez, et al.
12/11/2015Electronic communication sent to Party  Mr. Hawthorne provided the U.S. Supreme Court with the web address for the case docket, where the entire record is available for review.
12/11/2015Miscellaneous motion disposed. See Remarks.Denied Motion to Stay Mandate denied
12/10/2015Notice received  U.S. Supreme Court notice request of entire record of the case.  
12/09/2015Reply to Response to Motion  Reply to Response to Motion to Stay, filed on behalf of Juanite Perez et al.
12/09/2013Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of The Fredericksburg Care Co., L.P. (Hard Copies Received)
12/04/2015Response to Motion filed  Response to Motion to Stay, filed on behalf of The Fredericksburg Care Company, L.P.
12/03/2015Call received  From petitioner's attorney stating that they will be filing a response to respondent's motion to stay.
12/01/2015Motion to Stay Filed   Motion to Stay Mandate filed on behalf of Respondents, Juanita Perez, Virginia Garcia, Paul Zapata, and Sylvia Sanchez, Individually and as all Heirs of Elisa Zapata, deceased.
11/13/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Petitioner's Brief is due December 9, 2013.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.  Response Brief is due December 30, 2013.  Reply Brief is due January 14, 2014.
11/13/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of The Fredericksburg Care Co.
10/30/2015Letter Filed  Received Notice from the Supreme Court of the United States - Office of the Clerk. Per the notice, a petition for a writ of certiorari was filed on Sept 24, 2015 and placed on the docket Sept 25, 2015 as No. 15-365.
10/24/2013Case Record Filed   Electronic Appellate Record received.
10/21/2013Record Requested in Case  Record requested from the 4th 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.
10/14/2014Oral argument   Argued on behalf of petitioner by Shawn C. Golden; argued on behalf of respondents by Gavin McInnis
10/13/2014Amicus Curiae Brief received  Amicus Brief of Texas Trial Lawyers Association (TTLA). Submitted by Peter M. Kelly of Kelly, Durham & Pittard LLP, Houston Tx, and Michael Guajardo, president of TTLA, Austin Tx.
09/25/2015Letter Filed  Letter filed on behalf of Juanita Perez.
09/15/2014Oral Argument Submission Form from Attorney received  Oral argument submission form on behalf of The Fredericksburg Care Company, L.P., submitted by Shawn C. Golden and Roy R. Barrera III of Golden & Barrera, San Antonio, TX.
09/15/2014Oral Argument Submission Form from Attorney received  Oral argument submission form on behalf of respondent, Juanita Perez et al., Submitted by  Mr. Gavin McInnis of Marynell Maloney Law Firm, PLLC of San Antonio.
09/11/2013Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of American Health Care Association and Texas Health Care Association, submitted by Mr. Gavin J. Gadberry, Underwood Law Firm, P.C., P.O. Box 9158, Amarillo, TX.  79105, Phone (806) 376-5613, Fax (806) 379-0316. (HARD COPIES REC'D)
09/09/2013Call received  Mr. Harris informed the Court that hard copies of the reply will be sent to the Court today.
09/03/2013Reply to Response  Reply in Support of Petition for Review filed on behalf of The Fredericksburg Care Company, L.P.  (HARD COPIES REC'D)
08/27/2013Call received  Mr. Harris informed the Court that a reply will be filed on behalf of the petitioner.
08/27/2013Case forwarded to Court 
08/26/2013Response to Petition  Response to Petition for Review filed on behalf of Juanita Perez, et al.  (HARD COPIES REC'D)
08/11/2015Case Stored  G02 Row 14 H-1
08/09/2013Stay Order issued 
08/09/2013Motion to Stay DisposedFiling granted
07/25/2013Motion to Stay Filed   Motion to Stay filed on behalf of The Fredericksburg Care Co., LP.
07/25/2013Petition for Review  Petition for Review filed on behalf The Fredericksburg Care Co., L.P. (HARD COPIES REC')
06/26/2015Mandate issued  Mandate & Cost Bill Issued
06/26/2015Motion for Rehearing - DisposedDenied
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., October 14, 2014.]  Time allotted to argue:  20/20 minutes
06/09/2015Response to Motion for Rehearing  Petitioner's The Fredericksburg Care Co., LP's Response to Motion for Rehearing.
05/19/2015Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Motion for Rehearing is Granted. Further requests for extensions of time will be disfavored. Response is due June 9, 2015.
05/19/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of The Fredericksburg Care Company, L.P.
05/08/2015Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than May 26, 2015.
04/10/2015Amicus Curiae Brief received  Amicus Curiae Brief  in support of Respondent's Motion for Rehearing filed on behalf of Texas Medical Liability Trust and Proassurance Corp. Submitted by Diana Faust of Cooper & Scully PC of Dallas Texas.
03/27/2015Amicus Curiae Brief received  Amicus Curiae Brief in support of Respondents' Motion for Rehearing filed on behalf of TEX-ABOTA.
03/26/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is Granted. Motion for Rehearing is considered filed as of March 24, 2015.
03/26/2015Call received  Mr. Golden stated that they were unopposed to the motion for extension of time to file motion for rehearing.
03/26/2015Phone call from Clerk's Office  Spoke with Mr. Golden and asked if he was opposed or unopposed to the motion for extension of time to file motion for rehearing.  He is waiting to hear back from his client and will let us know as soon as he has an answer.
03/25/2015Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Juanita Perez, et al.
03/25/2015Amicus Curiae Letter Received  Amicus Curiae Letter Brief on behalf of Texas Association of Defense Counsel (TADC) submitted by Mr. R. George Muckleroy IV of Sheats & Muckleroy L.L.P.., Fort Worth, TX.  76102.
03/24/2015Case forwarded to Court 
03/24/2015Motion for Rehearing  Motion for Rehearing filed on behalf of Juanita Perez, et al.
03/21/2014Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
03/21/2014Petition for Review granted 
03/18/2015Substitution of Counsel  Notice of Substitution of Counsel filed on behalf of Juanita Perez, et al.  Lead counsel will be Peter M. Kelly, Kelly, Durham & Pittard LLP, Houston, TX.
03/13/2015Amicus Curiae Letter Received  Amicus Letter filed on behalf of David E. Chamberlain.
03/06/2015Court approved judgment sent to attorneys of recordIssued
03/06/2015Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court.  Justice Green delivered the opinion of the Court.
(3/6/2015 12:41:44 PM) 13-0573.jmt.pdf, 130573.pdf
02/05/2014Reply Brief  Reply Brief on the Merits filed on behalf of the Fredericksburg Care Co.
01/21/2014Brief on the Merits  Response Brief on the Merits filed on behalf of Juanita Perez, et al.
01/15/2016Notice received  Notice that Petition for a Writ of Ceriorari is denied.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/11/2015Case StoredCase stored.G02 Row 14 H-1
Parties
Party▲▼Party Type▲▼Representative▲▼
American Health Care Association and Texas Health Care AssociationAmicus CuriaeMr. Gavin Joe Gadberry  
Texas Medical Liability Trust and Proassurance CorporationAmicus CuriaeMs. Diana L. Faust
The Texas Trial Lawyers Association (TTLA)Amicus CuriaeMr. Michael G. Guajardo
The Fredericksburg Care Company, L.P.PetitionerMr. David A. Harris  
Mr. Shawn Christopher Golden
Mr. Roy R. Barrera III
Chamberlain, David E.Amicus CuriaeMr. David E. Chamberlain
Tex-AbotaAmicus CuriaeMr. Joseph L. Hood Jr.
Perez, JuanitaRespondentMs. Marynell Baker Maloney
The Honorable Peter Kelly
Mr. Gavin McInnis  
Texas Association of Defense CounselAmicus CuriaeMr. Roger W. Hughes
Mr. Robert George Muckleroy IV
Court of Appeals Information:
Affirmed  
406 SW3d 313, 06-26-13 
4th Court of Appeals 
Honorable Rebeca C. Martinez 
Trial Court Information
407th District Court 
Bexar 
Honorable Richard Edward Price 
2012-CI-20420