Supreme Court

Case: 17-0328    
17-0328
04/28/2017
Petition for Review/Cause under Rule 53.1
TRACY WINDRUM, INDIVIDUALLY, AND ON BEHALF OF HER MINOR CHILDREN, B.W., J.W., AND H.W. 
VICTOR KAREH, M.D. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/13/2019Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Victor Kareh, M.D.
11/30/2018Post submission brief filedPetitioner Response to Post-Submission Brief filed on behalf of Tracy Windrum.
10/24/2018Post submission brief filedRespondent Post Submission Brief filed on behalf of Victor Kareh MD.
10/22/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Medical Association in support of Respondent. Submitted by Donald P. Wilcox of TMA of Austin Texas.
10/15/2018Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Victor Kareh, M.D.
10/09/2018Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Tracy Windrum.
04/02/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Tracy Windrum.
02/15/2018Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Victor Kareh, M.D.
12/20/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Tracy Windrum.
10/06/2017Additional citations received.Petitioner Notice of Additional Authorities filed on behalf of Tracy Windrum, et al.
09/26/2017Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Tracy Windrum, et al.
09/08/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of Victor Kareh, M.D.
05/31/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Tracy Windrum.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Tracy Windrum.
11/30/2018Post submission brief filed  Response to Post-Submission Brief filed on behalf of Tracy Windrum.
11/17/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due December 20, 2017; Respondent's brief is due January 9, 2017; and Reply brief is due January 24, 2017.
11/17/2017Motion 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 Tracy Windrum.
10/27/2017Case Record Filed   Electronic Appellate Record received.
10/24/2018Post submission brief filed  Post Submission Brief filed on behalf of Victor Kareh MD.
10/23/2017Record Requested in Case  Record requested from the 1st COA
10/22/2018Amicus Curiae Brief received  Amicus Brief of Texas Medical Association in support of Respondent. Submitted by Donald P. Wilcox of TMA of Austin Texas.
10/20/2017Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than November 20, 2017; Response brief due December 11, 2017; Reply brief due December 27, 2017.
10/15/2018Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Victor Kareh, M.D.
10/13/2017Letter Filed  Letter brief in response to petitioner's letter of October 6, 2017, filed on behalf of Victor Kareh, M.D.
10/10/2018Oral argument   Argued on behalf of petitioners by Warren W. Harris; Argued on behalf of respondent by Sean M. Higgins
10/09/2018Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Tracy Windrum.
10/06/2017Additional citations received.  Notice of Additional Authorities filed on behalf of Tracy Windrum, et al.
10/04/2018Notice of Appearance  Notice of Appearance of Thomas R. Phillips as additional counsel for Respondent, Victor Kareh, M.D.
09/26/2017Reply to Response  Reply to Response to Petition for Review filed on behalf of Tracy Windrum, et al.
09/10/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent Victor Kareh, M.D. Oral Argument will be presented by Sean M. Higgins of Lewis Brisbois Bisgaard & Smith of Houston Tx.
09/10/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Tracy Windrum. Oral Argument will be presented by Warren W. Harris of Bracewell LLP of Houston, Texas.
09/08/2017Response to Petition  Response to Petition for Review filed on behalf of Victor Kareh, M.D.
09/05/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Requested Response due September 19, 2017.
09/05/2017Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Victor Kareh, MD.
08/06/2018Notice of change of counsel  Notice that Jeffrey L. Oldham no longer represents petitioner Tracy Windrum.
08/04/2017Supreme Court of Texas Requested Response  Response Requested to Petition for Review due no later than September 5, 2017.
07/05/2017Case forwarded to Court 
06/29/2018Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 10, 2018.  Time allotted to argue:  20/20 minutes
06/01/2018Petition for Review granted 
06/01/2018Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
05/31/2017Petition for Review  Petition for Review filed on behalf of Tracy Windrum.
05/28/2019Mandate issued  Mandate & Cost Bill Issued
05/24/2019Court approved judgment sent to attorneys of recordIssued Substituted judgment issued.
05/24/2019Motion for Rehearing - DisposedDismissed The Court's opinion issued January 25, 2019 remains in place. The judgment issued January 25, 2019 is withdrawn and the judgment issued this date is substituted.  Justice Busby did not participate in the decision.
(5/24/2019 12:00:36 PM) 17-0328.jmt.2.pdf
05/24/2019Judgment Withdrawn  The Court withdraws the judgment issued January 25, 2019 and the judgment of this date is substituted.
05/24/2019Miscellaneous motion disposed. See Remarks.Filing granted Joint Motion to Remand Under Texas Rules of Appellate Procedure 56.3 and 60.6 granted as follows:  Pursuant to Texas Rule of Appellate Procedure 56.3, the Court vacates the judgments of this Court, of the court of appeals and trial court, and remands the case to the trial court to effectuate the parties' settlement agreement.
05/06/2019Miscellaneous Motion  Joint Motion to Remand Under TRAP 56.3 and 60.6
04/28/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted. Petition for Review is due May 31, 2017.
04/28/2017Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Tracey Windrum, et al.
04/02/2018Reply Brief  Reply Brief on the Merits filed on behalf of Tracy Windrum.
04/01/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due on May 1, 2019.
04/01/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Tracy Windrum.
03/15/2019Supreme Court of Texas Requested Response  Response Requested to Motion for Rehearing due no later than April 1, 2019.
03/13/2019Case forwarded to Court 
03/13/2019Motion for Rehearing  Motion for Rehearing filed on behalf of Victor Kareh, M.D.
03/01/2018Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due April 2, 2018.
03/01/2018Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Tracy Windrum.
02/15/2018Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Victor Kareh, M.D.
02/07/2019Motion 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 13, 2019.
02/07/2019Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Victor Kareh, M.D.
02/07/2018Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENISONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Respondent's Brief is due on February 15, 2018. Reply Brief is due on March 2, 2018.
02/07/2018Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Victor Kareh, M.D.
01/25/2019Court approved judgment sent to attorneys of recordIssued Judgment withdrawn on May 24, 2019 per granting of Joint Motion to Remand under TRAP 56.3.  See updated judgment issued on May 24, 2019.
01/25/2019Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Green delivered the opinion of the Court, joined by Chief Justice Hecht, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine and Justice Blacklock, and in which Justice Brown joined as to Parts I-III.
(1/25/2019 11:36:35 AM) 170328.pdf, 17-0328.jmt.pdf
01/04/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due February 8, 2018; and Reply brief is due February 23, 2018.
01/04/2018Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Victor Kareh, MD.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/28/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Medical AssociationAmicus CuriaeMs. Kelly M. Walla
Mr. Donald P. Wilcox
Mr. Srinivas Behara
Kareh, M.D., VictorRespondentMr. Sean Higgins
Mr. Thomas Phillips
Ms. Barbara A. Hilburn
Tracy Windrum, Individually, as representative of the Estate of Lancer Windrum, and on behalf of her minor children B. W., J. W. and H. W.PetitionerMr. J. Stephen Barrick
Mr. Warren W. Harris
Mr. Stephen M. Loftin
Mr. Wade Hoyt Whilden Jr.
Court of Appeals Information:
Reverse & Render 
518 SW3d 496, 03-16-17 
1st Court of Appeals 
Honorable Evelyn Keyes 
Trial Court Information
133rd District Court 
 
Honorable Jaclanel M. McFarland 
2012-07156