Supreme Court

Case: 22-0835    
22-0835
09/23/2022
Petition for Review/Cause under Rule 53.1
KRISTY MARSILLO, D.O. 
ROBIN DUNNICK, INDIVIDUALLY, AND AS NEXT FRIEND TO RAYNEE DUNNICK, AND DANA DUNNICK 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/04/2023Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Robin Dunnick, et al.
05/19/2023Fully hyperlinked brief filedPetitioner Hyperlinked Reply Brief on the Merits filed on behalf of Kristy Marsillo D.O.
05/16/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Kristy Marsillo, D.O.
04/21/2023Response to Amicus Curiae Brief filedRespondent Response to Amicus Brief filed on behalf of Robin Dunnick, et al.
04/21/2023Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Robin Dunnick, et al.
04/19/2023Fully hyperlinked brief filedPetitioner Hyperlinked Petitioner's Brief on the Merits filed on behalf of Kristy Marsillo, D.O.
04/10/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behafl of Kristy Marsillo, D.O.
02/23/2023Amicus Curiae Brief receivedReceived (instead of filed) Amici Brief of Texas College of Emergency Physicians and the American College of Emergency Physicians received from Brian Jackson of Jackson & Carter PLLC of Austin, Texas.
02/15/2023Fully hyperlinked brief filedPetitioner Hyperlinked Reply in Support of Petition for Review filed on behalf of Kristy Marsillo, D.O.
02/14/2023Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Kristy Marsillo.
01/30/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Robin Dunnick, et al.
12/22/2022Amicus Curiae Brief receivedReceived (instead of filed) Amici Curiae Brief of Texas Alliance for Patient Access, Texas Medical Association, Texas Osteopathic Medical Association, and Texas Hospital Association received from R. Brent Cooper and Benjamin D. Passey of Cooper & Scully, P.C. in Dallas, Texas.
11/18/2022Fully hyperlinked brief filedPetitioner Hyperlinked Petition for Review filed on behalf of Kristy Marsillo, D.O.
11/16/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Kristy Marsillo, D.O.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2022Supreme Court of Texas Requested Response  Response requested to Petition for Review. Response is due no later than January 30, 2023.
12/22/2022Amicus Curiae Brief received  Amici Curiae Brief of Texas Alliance for Patient Access, Texas Medical Association, Texas Osteopathic Medical Association, and Texas Hospital Association received from R. Brent Cooper and Benjamin D. Passey of Cooper & Scully, P.C. in Dallas, Texas.
11/29/2022Case forwarded to Court 
11/28/2022Response Waiver filed  Response Waiver filed on behalf of Robin Dunnick, et al.
11/18/2022Fully hyperlinked brief filed  Hyperlinked Petition for Review filed on behalf of Kristy Marsillo, D.O.
11/17/2022Call received  Call from counsel for Petitioner stating that a hyper-linked version of the petition will be filed on flash drive.
11/16/2022Petition for Review  Petition for Review filed on behalf of Kristy Marsillo, D.O.
11/02/2022Call received  Call from counsel for Petitioner regarding redaction of minor's name that was not applied in the Trial Court or Court of Appeals. Discussed that redaction would be moot because the minor's name is prevalent on docket and in briefs and opinion in the Court of Appeals.
10/05/2023Oral argument   Argued on behalf of Petitioner by David M. Walsh IV; Argued on behalf of Respondents by Todd Turner.
10/04/2023Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Robin Dunnick, et al.
10/02/2023Submission Schedule 
09/29/2023Call received  Call received from Counsel for Respondent regarding Oral Argument Exhibits.
09/23/2022Motion for Extension of Time to File Petition for Review disposedFiling granted in part Motion for Extension of Time to file Petition for Review is granted IN PART. Petition for Review is due November 16, 2022.
09/23/2022Motion 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 Kristy Marsillo, D.O.
09/23/2022Supplement to Clerk's/Reporter's Record 
09/23/2022Court reporter/recorder's record 
09/23/2022Clerk's Record 
09/12/2024Call received  Call received from counsel regarding party attorney section.
08/28/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Robin Dunnick, et al. Oral Argument will be presented by Todd Turner of the Turner Law Firm of Dallas, Texas.
08/18/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Kristy Marsillo, D.O. Oral Argument will be presented by David M. Walsh IV of Kershaw Anderson King, PLLC of Dallas, Texas.
06/30/2023Letter Filed  Access to Record Request filed on behalf of the State of Texas.
06/30/2023Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 5, 2023. Time allotted to argue: 20/20 minutes
06/23/2023Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/23/2023Petition for Review granted 
05/19/2023Fully hyperlinked brief filed  Hyperlinked Reply Brief on the Merits filed on behalf of Kristy Marsillo D.O.
05/16/2023Reply Brief  Reply Brief on the Merits filed on behalf of Kristy Marsillo, D.O.
04/21/2023Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Robin Dunnick, et al.
04/21/2023Response to Amicus Curiae Brief filed  Response to Amicus Brief filed on behalf of Robin Dunnick, et al.
04/19/2023Fully hyperlinked brief filed  Hyperlinked Petitioner's Brief on the Merits filed on behalf of Kristy Marsillo, D.O.
04/10/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behafl of Kristy Marsillo, D.O.
03/10/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than April 10, 2023; Response brief due May 1, 2023; Reply brief due May 16, 2023.
02/23/2024Mandate issued  Mandate & Cost Bill Issued
02/23/2023Amicus Curiae Brief received  Amici Brief of Texas College of Emergency Physicians and the American College of Emergency Physicians received from Brian Jackson of Jackson & Carter PLLC of Austin, Texas.
02/15/2023Fully hyperlinked brief filed  Hyperlinked Reply in Support of Petition for Review filed on behalf of Kristy Marsillo, D.O.
02/15/2023Call received  Call received from counsel for Petitioner regarding filing.
02/14/2023Reply to Response  Reply in support of Petition for Review filed on behalf of Kristy Marsillo.
01/30/2023Response to Petition  Response to Petition for Review filed on behalf of Robin Dunnick, et al.
01/12/2024Court approved judgment sent to attorneys of recordIssued
01/12/2024Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Hecht delivered the opinion of the Court.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/23/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas College of Emergency Physicians Amicus CuriaeMr. Brian Gregory Jackson
Texas Alliance for Patient AccessAmicus CuriaeBenjamin D. Passey
Mr. R. Brent Cooper
Robin Dunnick, Individually, and as Next Friend to Raynee DunnickRespondentMr. Todd Turner
American College of Emergency PhysiciansAmicus CuriaeMr. Brian Gregory Jackson
Marsillo, D.O., Kristy PetitionerMr. David M. Walsh IV
Mr. Mark Alan Keene
Dunnick, DanaRespondentMr. Todd Turner
Texas Medical AssociationAmicus CuriaeBenjamin D. Passey
Mr. R. Brent Cooper
State of TexasOther interested party Mr. Kyle D. Highful
Texas Osteopathic Medical AssociationAmicus CuriaeBenjamin D. Passey
Mr. R. Brent Cooper
Texas Hospital AssociationAmicus CuriaeBenjamin D. Passey
Mr. R. Brent Cooper
Court of Appeals Information:
Reverse & Remand 
654 SW3d 224, 08-31-22 
3rd Court of Appeals 
Honorable Chari Kelly 
Trial Court Information
201st District Court 
Travis 
Honorable Dustin Mark Howell 
D-1-GN-19-007132