Opinions

Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, Justice Green, and Justice Johnson joined, and in all but Part III of which Justice Hecht, Justice Wainwright, and Justice Willett joined. PDF

Justice Hecht delivered a concurring opinion, in which Justice Wainwright and Justice Willett joined. PDF

Court of Appeals

Appellate District:	12th Court of Appeals
Outcome Below:	Affirmed
COA Docket No.:	12-03-00240-CV
Opinion Author:	Honorable Justice Diane DeVasto

Trial Court

Trial Court:	145th District Court
County:	Nacogdoches
Trial Judge:	Honorable Campbell Cox
Trial Docket:	C17,675-2001

Date	Event	Outcome
2007-11-15	Case Stored
	This case was waiting for a possible rehearing motion between September 12, 2007 and November 15, 2007.
2007-09-12	Mandate issued
	This case was waiting for a possible rehearing motion between June 29, 2007 and September 12, 2007.
2007-06-29	Opinion issued	Court of Appeals' judgment reversed & judgment rendered
2007-06-29	Court approved judgment sent to attorneys of record	Issued
2007-06-29	Concurring Opinion issued.	Issued
	This case was awaiting the Court's decision after oral argument between October 19, 2006 and June 29, 2007.
2006-10-19	Oral argument
2006-10-06	Electronic copies of brief posted to website
2006-10-06	Electronic copies of brief posted to website
	This case was waiting for oral argument between August 7, 2006 and October 6, 2006.
2006-08-07	Address Change
2006-07-10	Electronic copies of brief posted to website
2006-07-10	Electronic copies of brief posted to website
2006-07-10	Electronic copies of brief posted to website
2006-07-10	Electronic copies of brief posted to website
2006-07-10	Electronic copies of brief posted to website
2006-07-10	Electronic copies of brief posted to website
2006-07-07	Motion to re-set submission date disposed	Filing dismissed as moot
2006-07-07	Case set for oral argument	Case set for oral argument
2006-07-07	Petition for Review granted
2006-06-30	Motion to re-set submission date filed.
2006-06-30	Petition for Review disposed	Filing granted
2006-06-23	Letter brief (Petitioner)
	This case was pending on merits briefs between February 17, 2005 and June 23, 2006.
2005-02-17	Letter brief (Petitioner)
2005-02-09	Reply Brief (Petitioner)
2005-01-26	Brief on the Merits (Respondent)
2005-01-24	Call received
2005-01-24	Motion for Extension of Time disposed.	Filing granted
2005-01-03	Motion for Extension of Time to File Brief filed
2005-01-03	Notice requesting filing fee
2004-12-20	Brief on the Merits (Petitioner)
2004-11-09	Motion for Extension of Time disposed.	Filing granted
2004-11-08	Motion for Extension of Time to File Brief filed
2004-10-29	Record Received (See Remarks)
2004-10-26	Record Requested in Petition for Review
2004-10-19	Brief on the Merits Requested
2004-09-16	Reply to Response (Petitioner)
2004-09-01	Response to Petition (Respondent)
2004-08-23	Motion for Extension of Time disposed.	Filing granted
2004-08-20	Motion for Extension of Time to File Response
2004-07-21	Supreme Court of Texas Requested Response
2004-07-20	Case forwarded to Court
2004-07-19	Response Waiver filed
2004-06-29	Appendix Filed (Petitioner)
2004-06-29	Petition for Review (Petitioner)
2004-06-02	Motion for Extension of Time to File Petition for Review filed
2004-06-02	Motion for Extension of Time to File Petition for Review disposed	Filing granted

Party	Counsel	Role
Stephen F. Austin State University	Mr. Rance L. Craft Attorney General Greg W. Abbott Mr. Barry Ross McBee Mr. Edward D. Burbach Mr. Rafael Edward Cruz Mr. John P. Giberson Ms. Brenda E. Brockner Mr. Kent Sullivan	Petitioner
Flynn, Diane	Mr. Thomas Stefan Allen	Respondent