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No. 03-0659
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AUSTIN NURSING CENTER, INC., D/B/A AUSTIN NURSING CENTER, CENTURY CARE OF AMERICA, INC., PAUL GRAY, PAUL HANLON, AND GUADALUPE ZAMORA, M.D. v. PAULINE WILSON LOVATO, INDEPENDENT ADMINISTRATIX OF THE ESTATE OF MARGARITA TORRES WILSON

Oral argument was held on November 10, 2004. The Court issued an opinion resolving the case on May 13, 2005. It then denied rehearing on October 14, 2005 File Closed

Opinion

May 13, 2005

Jefferson

Chief Justice Jefferson delivered the opinion of the Court PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Reversed and Remanded
COA Docket No.:03-02-00505-CV
Opinion Author:Honorable Jan P. Patterson

Trial Court

Trial Court:98th District Court
County:Travis
Trial Judge:Honorable Pete Lowry
Trial Docket:GN0-00891

Docket Entries

Date Event Outcome  
2005-10-27 Record returned to Court of Appeals  
2005-10-26 Case Stored  
2005-10-20 Mandate issued  
2005-10-14 Motion for Rehearing - Disposed Denied with Justice not sitting.
2005-09-02 Response to Motion for Rehearing (Respondent)  
2005-08-03 Motion for Extension of Time disposed.   Filing granted
2005-08-03 Response to Motion filed  
2005-08-03 Motion for Extension of Time to File Response  
2005-07-20 Supreme Court of Texas Requested Response  
2005-07-06 Motion for Rehearing  
2005-07-06 Motion for Rehearing forwarded
2005-06-02 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2005-05-31 Motion for Extension of Time to File Motion for Rehearing  
2005-05-13 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
2005-05-13 Opinion issued Court of Appeals' judgment affirmed
2005-05-13 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between February 3, 2005 and May 13, 2005.  
2005-02-03 Record Received (See Remarks)  
  This case was awaiting the Court's decision after oral argument between November 10, 2004 and February 3, 2005.  
2004-11-10 Oral argument  
  This case was waiting for oral argument between September 3, 2004 and November 10, 2004.  
2004-09-03 Case set for oral argument   Case set for oral argument
2004-08-06 Miscellaneous motion disposed. See Remarks.   Filing granted
2004-07-20 Electronic copies of brief posted to website  
2004-07-20 Miscellaneous Motion  
2004-07-20 Miscellaneous Motion  
2004-07-20 Electronic copies of brief posted to website  
2004-07-20 Electronic copies of brief posted to website  
2004-07-02 Case set for oral argument   Case set for oral argument
2004-06-18 Petition for Review disposed   Filing granted
2004-06-18 Petition for Review granted  
2004-04-29 Reply Brief (Petitioner)  
2004-04-14 Brief on the Merits (Respondent)  
2004-03-11 Motion for Extension of Time to File Brief filed  
2004-03-11 Motion for Extension of Time disposed.   Filing granted
2004-02-24 Motion for Extension of Time disposed.   Filing granted
2004-02-23 Brief on the Merits (Petitioner)  
2004-02-23 Call received  
2004-02-23 Motion for Extension of Time to File Brief filed  
2004-01-27 Record Received (See Remarks)  
2004-01-21 Brief on the Merits Requested  
2004-01-21 Record Requested in Petition for Review  
2004-01-16 Response to Petition (Respondent)  
2003-12-18 Document received (See Remarks)  
2003-12-18 Motion for Extension of Time disposed.   Filing granted
2003-12-17 Motion for Extension of Time to File Response  
2003-12-17 Phone call from Clerk's Office  
2003-12-16 Call received  
2003-11-24 Letter Filed  
2003-11-17 Supreme Court of Texas Requested Response  
2003-10-21 Case forwarded to Court
2003-09-16 Appendix Filed (Petitioner)  
2003-09-16 Petition for Review (Petitioner)  
2003-08-22 Certification (various) in case received  
2003-08-21 Second Motion for Extension of Time to File Petition for Review filed  
2003-08-21 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2003-07-18 Motion for Extension of Time to File Petition for Review filed  
2003-07-18 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Swarbrick, Laura
Laura Swarbrick
Petitioner
Hanlon, Paul
Mr. Christopher John Deeves
Petitioner
AUSTIN NURSING CENTER, INC.
Ms. Diana L. Faust
Mr. Christopher John Deeves
Mr. R. Brent Cooper
Petitioner
Lovato, Pauline Wilson
Mr. Raul Steven Pastrana
Mr. Alfonso L. Melendez
Respondent
Zamora, M.D., Guadalupe
Mr. David M. Davis
Mr. Peter R. Meeker
Ms. V. Elizabeth Ledbetter
Petitioner
Century Care Of America, Inc.
Ms. Cynthia Day Grimes
Petitioner
AUSTIN NURSING CENTER
Ms. Ruth G. Malinas
Petitioner
Gray, Paul
Ms. Cynthia Day Grimes
Petitioner
WILSON, MARGARITA TORRES (ESTA
Ms. Anna Nigel Marketto
Respondent
CENTURY CARE OF AMERICA INC.
Ms. Ruth G. Malinas
Mr. Brad M. LaMorgese
Petitioner
...
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