Supreme Court

Case: 21-0470    
21-0470
06/07/2021
Petition for Review/Cause under Rule 53.1
COLLIN CREEK ASSISTED LIVING CENTER, INC. D/B/A/ DAYSPRING ASSISTED LIVING COMMUNITY 
CHRISTINE FABER, INDIVIDUALLY AND AS HEIR AT LAW OF CARMELINA “MILLIE” SMITH, DECEASED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/27/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Texas Assisted Living Association, et al, submitted by Heidi Bloch of Greenberg Traurig, LLP, of Austin, Texas.
02/22/2022Reply BriefPetitioner's Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of Collin Creek Assisted Living Center, Inc.
02/04/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Christine Faber.
01/19/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Collin Creek Assisted Living Center, Inc.
11/02/2021Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Collin Creek Assisted Living Center, Inc.
10/18/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of Christine Faber.
07/19/2021Petition for ReviewPetitioner Petition for Review filed on behalf of Collin Creek Assisted Living Center, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
08/11/2023Mandate issued  Mandate & Cost Bill Issued
06/30/2023Court approved judgment sent to attorneys of recordIssued
06/30/2023Dissenting opinion issued.Issued Justice Boyd filed a dissenting opinion, in which Justice Lehrmann and Justice Devine joined.
06/30/2023Concurring Opinion issued.Issued Justice Young filed a concurring opinion, in which Justice Blacklock joined.
06/30/2023Opinion issuedCourt of Appeals' judgment reversed in part, rendered in part, and remanded to trial court The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court. Justice Busby delivered the opinion of the Court, in which Chief Justice Hecht, Justice Blacklock, Justice Bland, Justice Huddle, and Justice Young joined.
(6/30/2023 3:26:03 PM) 210470d.pdf, 210470c.pdf, 210470.pdf, 21-0470.jmt.pdf
10/05/2022Oral argument   Argued on behalf of Petitioners by Wallace B. Jefferson; Argued on behalf of Respondent by James "Jim" Walker
10/04/2022Notice from Counsel of a change in address  Change of Address filed on behalf of Collin Creek Assisted Living Center, Inc., et al.
09/30/2022Submission Schedule 
09/27/2022Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Texas Assisted Living Association, et al, submitted by Heidi Bloch of Greenberg Traurig, LLP, of Austin, Texas.
09/20/2022Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. James "Jim" Walker with Jim Walker & Associates of Rockwall, Texas, filed on behalf of Chrstine Faber, et al.
09/16/2022Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Wallace B. Jefferson with Alexander Dubose & Jefferson LLP or Austin, Texas, filed on behalf fo Collin Creek Assisted Living Center, Inc., et al.
06/24/2022Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 5, 2022.  Time allotted to argue: 20/20 minutes
04/01/2022Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
04/01/2022Petition for Review granted 
02/25/2022Call received  Call received from counsel for Petitioner regarding Reply Brief on the Merits.
02/22/2022Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Collin Creek Assisted Living Center, Inc.
02/04/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Christine Faber.
01/19/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Collin Creek Assisted Living Center, Inc.
12/16/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due January 19, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due February 8, 2022. Reply Brief is due February 23, 2022.
12/16/2021Motion 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 Collin Creek Assisted Living Center, Inc.
11/19/2021Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than December 20, 2021; Response brief due January 10, 2022; Reply brief due January 25, 2022.
11/02/2021Reply to Response  Reply in Support of Petition for Review filed on behalf of Collin Creek Assisted Living Center, Inc.
10/18/2021Response to Petition  Response to Petition for Review filed on behalf of Christine Faber.
09/17/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than October 18, 2021.
08/17/2021Case forwarded to Court 
08/10/2021Response Waiver filed  Response Waiver filed on behalf of Christine Faber.
07/19/2021Petition for Review  Petition for Review filed on behalf of Collin Creek Assisted Living Center, Inc.
06/07/2021Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review due July 19, 2021.
06/07/2021Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Collin Creek Assisted Living Center, Inc.
06/07/2021Clerk's Record 
06/07/2021Clerk's Record 
06/07/2021Court reporter/recorder's record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/11/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
LeadingAge TexasAmicus Curiae 
Collin Creek Assisted Living Center, Inc.PetitionerMs. Rachel A. Ekery  
Mr. Wallace B. Jefferson  
Mr. Michael W. Blaise
Mr. Scott B. Novak
ArgentumAmicus Curiae 
American Seniors Housing AssociationAmicus Curiae 
Faber, ChristineRespondentMr. James David Walker
Mr. Rod Khavari
Ms. Heather Long
Farid Moghadassi
Texas Assisted Living AssociationAmicus CuriaeMs. Elizabeth G. Bloch
Court of Appeals Information:
Reverse & Remand 
629 SW3d 630, 05-03-21 
5th Court of Appeals 
Honorable Kenneth H. Molberg 
Trial Court Information
366th District Court 
Collin 
Honorable Raymond G. Wheless 
366-02547-2015