Supreme Court of Texas Blog

No. 02-0849
Click for Official Page

DIVERSICARE GENERAL PARTNER, INC., DIVERSICARE LEASING CORPORATION, ADVOCAT, INC., AND TEXAS DIVERSICARE LIMITED PARTNERSHIP D/B/A GOLIAD MANOR v. MARIA G. RUBIO AND MARY HOLCOMB AS NEXT FRIEND OF MARIA G. RUBIO

Oral argument was held on September 24, 2003. The Court issued an opinion resolving the case on October 14, 2005. It then denied rehearing on December 9, 2005 File Closed

In the news...

Tracking 1 article about this case.

September 22, 2010

Marks (part 1): Why the fuss about granting rehearing?

from SCOTXblog

The article also mentions:
  • IRVING W. MARKS v. ST. LUKE'S EPISCOPAL HOSPITAL
  • ST. LUKE'S EPISCOPAL HOSPITAL v. IRVING W. MARKS
  • Opinions

    October 14, 2005

    Wainwright
    Jefferson
    Hecht
    Medina
    Johnson
    Willett

    Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Medina, Justice Johnson, and Justice Willett joined, and in which Chief Justice Jefferson joined as to Part III(B)(3) PDF

    Oneill
    Brister
    Green

    Justice O'Neill delivered a dissenting opinion, joined by Justice Brister and Justice Green PDF

    Jefferson

    Chief Justice Jefferson delivered an opinion concurring in part, dissenting in part, and concurring in the judgment PDF

    Court of Appeals

    Appellate District:13th Court of Appeals
    Outcome Below:Reverse/Remand
    COA Docket No.:13-01-00147-CV

    Trial Court

    Trial Court:267th District Court
    County:Goliad
    Trial Judge:Honorable Joseph P. Kelly
    Trial Docket:99-7-7917-CV

    Entries on SCOTX Orders Lists

    Docket Entries

    Date Event Outcome  
    2005-12-13 Mandate issued  
    2005-12-13 Case Stored  
    2005-12-09 Motion for Rehearing - Disposed Denied
    2005-11-18 Electronic copies of brief posted to website  
    2005-11-15 Motion for Rehearing  
    2005-11-15 Case forwarded to Court
    2005-11-07 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2005-11-02 Motion for Extension of Time to File Motion for Rehearing  
    2005-10-14 Dissenting opinion issued. Issued
    2005-10-14 Court approved judgment sent to attorneys of record Issued
    2005-10-14 Concurring and Dissenting Opinion delivered   Issued
    2005-10-14 Opinion issued Court of Appeals' judgment reversed & judgment rendered
      This case was awaiting the Court's decision after oral argument between April 25, 2005 and October 14, 2005.  
    2005-04-25 Notice from Counsel of a change in address  
      This case was awaiting the Court's decision after oral argument between September 24, 2003 and April 25, 2005.  
    2003-09-24 Oral argument  
    2003-09-19 Notice of Appearance  
    2003-09-16 Phone call from Clerk's Office  
      This case was waiting for oral argument between July 24, 2003 and September 16, 2003.  
    2003-07-24 Amount of time allotted for oral argument.  
    2003-07-24 Created for Data Conversion -- an event inserted to correspond to the submission date of a process  
    2003-07-24 Set for Submission  
      This case was waiting for oral argument between April 9, 2003 and July 24, 2003.  
    2003-04-09 Electronic copies of brief posted to website  
    2003-04-07 Electronic copies of brief posted to website  
    2003-04-07 Electronic copies of brief posted to website  
    2003-04-03 Electronic copies of brief posted to website  
    2003-04-03 Electronic copies of brief posted to website  
    2003-03-27 Petition for Review disposed   Filing granted
    2003-03-27 Petition for Review granted
    2003-03-27 Petition for Review disposed   Filing granted
    2003-03-20 Amicus Curiae Brief received  
    2003-03-17 Amicus Curiae Brief received  
    2003-02-20 Reply Brief (Petitioner)  
    2003-02-05 Brief on the Merits (Respondent)  
    2003-01-17 Record Received (See Remarks)  
    2003-01-16 Brief on the Merits (Petitioner)  
    2002-12-17 Brief on the Merits Requested  
    2002-12-17 Record Requested in Petition for Review  
    2002-12-04 Letter brief (Petitioner)  
    2002-11-05 Reply to Response (Petitioner)  
    2002-10-22 Case forwarded to Court
    2002-10-17 Response to Petition (Respondent)  
    2002-09-16 Appendix Filed (Petitioner)  
    2002-09-16 Petition for Review (Petitioner)  

    Parties

    Party Counsel Role
    TEXAS DIVERSICARE LIMITED PART
    Ms. Audrey Mullert Vicknair
    Petitioner
    GOLIAD MANOR
    Ms. Audrey Mullert Vicknair
    Petitioner
    HOLCOMB, MARY
    Mr. Henry P. Giessel
    Respondent
    DIVERSICARE LEASING CORPORATIO
    Mr. Joel Cruz Resendez
    Petitioner
    DIVERSICARE GENERAL PARTNER, I
    Ms. Audrey Mullert Vicknair
    Petitioner
    RUBIO, MARIA G.
    Mr. David T. Marks
    Mr. T. Gerald Treece
    Respondent
    ADVOCATE, INC.
    Mr. Stephen R. Darling
    Petitioner

    Amici Curiae

    Amicus Curiae Counsel
    AARP AND THE NATIONAL CITIZENS
    Ms. Dorothy Siemon
    LIVING CENTERS OF TEXAS, INC.
    Mr. Robert A. Shults
    ...
    ...