Supreme Court

Case: 16-0164    
16-0164
03/07/2016
Petition for Review/Cause under Rule 53.1
BARBARA BATY 
OLGA FUTRELL, CRNA, AND COMPLETE ANESTHESIA CARE, P.C. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/06/2018Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Olga Futrell and Complete Anesthesia Care, P.C.
12/20/2016Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Olga Futrell, et al.
11/02/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Barbara Baty.
06/27/2016Reply to ResponsePetitioner Reply to Joint Response to Petition for Review filed on behalf of Barbara Baty.
06/13/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Olga Futrell, et al.
03/07/2016Petition for ReviewPetitioner Petition for Review, filed on behalf of Barbara Baty.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2016Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Olga Futrell, et al.
12/05/2016Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondents' Brief on the Merits has been granted. NO FURTHER EXTENSIONS OF TIME WILL BE CONSIDERED. Respondent's Brief is due on December 20, 2016. Reply Brief is due on January 4, 2017.
12/05/2016Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Olga Futrell, et al.
11/14/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Respondents' brief is due December 13, 2016; and Reply brief is due December 28, 2016.
11/14/2016Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Olga Futrell, et al.
11/02/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Barbara Baty.
10/11/2017Submission Schedule  Submission Schedule for October 11, 2017.
10/11/2017Oral argument   Argued on behalf of petitioner by Grant D. Blaies; Argued on behalf of respondent by Michelle E. Robberson
09/28/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due on November 2, 2016. Respondent's Brief is due on November 22, 2016. Reply Brief is due on December 7, 2016.
09/28/2016Motion 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 Barbara Baty.
09/07/2016Case Record Filed   Electronic Appellate Record received.
09/06/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioner, Barbara Baty. Oral Argument will be presented by Grant D. Blaies of Blaies & Hightower, LLP of Fort Worth, Texas.
09/06/2016Record Requested in Case  Record requested from the 10th COA
09/02/2016Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than October 3, 2016; Response brief due October 24, 2016; Reply brief due November 8, 2016
08/23/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent, Complete Anesthesia Care, P.C. Oral Argument will be presented by Michelle E. Robberson of Cooper & Scully, P.C. of Dallas, Texas.
06/30/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 11, 2017.  Time allotted to argue:  20/20 minutes
06/27/2016Reply to Response  Reply to Joint Response to Petition for Review filed on behalf of Barbara Baty.
06/13/2016Response to Petition  Response to Petition for Review filed on behalf of Olga Futrell, et al.
05/31/2016Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is Granted. No further extensions of time will be considered. Response is due June 13, 2016.
05/31/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Olga Futrell, et al.
05/15/2018Case Stored  e-stored
05/04/2018Mandate issued  Mandate & Cost Bill Issued
05/04/2018Motion for Rehearing - DisposedDenied
04/22/2016Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Olga Futrell, et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due June 6, 2016.
04/22/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Olga Futrell, et al.
04/15/2016Supreme Court of Texas Requested Response  Requested Response to Petition for Review due on May 16, 2016.
03/31/2017Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
03/31/2017Petition for Review granted 
03/15/2016Case forwarded to Court 
03/11/2016Notice of Appearance  Notice of Appearance of Lead Counsel filed on behalf of respondent, Complete Anesthesia Care, P.C.
03/11/2016Response Waiver filed  Response Waiver, filed on behalf of Olga Futrell, CRNA and Complete Anesthesia Care, P.C.
03/07/2016Petition for Review  Petition for Review, filed on behalf of Barbara Baty.
03/06/2018Case forwarded to Court 
03/06/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Olga Futrell and Complete Anesthesia Care, P.C.
02/14/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due on March 6, 2018.
02/14/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Olga Futrell, et al.
02/02/2018Court approved judgment sent to attorneys of recordIssued
02/02/2018Dissenting opinion issued.Issued Justice Johnson delivered a dissenting opinion, in which Justice Brown joined.
02/02/2018Opinion 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 Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Boyd, and Justice Devine joined. Justice Blacklock did not participate in the decision.
(2/2/2018 5:44:08 PM) 160164d.pdf, 160164.pdf, 16-0164.jmt.pdf
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/15/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Futrell, OlgaRespondentMr. Winston L. Borum
Baty, BarbarbaPetitionerMr. Wesley M. Hightower
Mr. Grant D. Blaies
Mr. Wesley Myers
Complete Anesthesia Care, P.C.RespondentMs. Michelle E. Robberson  
Brett David Timmons
Court of Appeals Information:
Affirmed  
543 SW3d 269, 11-19-15 
10th Court of Appeals 
Honorable W. Stacy Trotter 
Trial Court Information
40th District Court 
Ellis 
Honorable Bob Carroll 
85552