Supreme Court of Texas Blog

No. 08-0121
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CITY OF WACO v. DEBRA KIRWAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF BRAD MCGEHEE, DECEASED

Oral argument was held on February 3, 2009. The Court issued an opinion resolving the case on November 20, 2009. File Closed

In the news...

Tracking 9 articles about this case.

February 4, 2010

A peaceful term (so far) at the Texas Supreme Court

from SCOTXblog

The article also mentions:
  • SHANE WATSON v. SHIRLEY NEWMAN AND JILL WATKINS
  • The Court has issued opinions:

    December 2, 2009

    Justices find Waco not negligent in death of man who fell from cliff

    from Southeast Texas Record

    November 28, 2009

    Editorial: High court's ruling reminds us that our actions often seal our fate

    from Waco Tribune

    November 21, 2009

    Texas Supreme Court dismisses lawsuit vs. Waco in Cameron Park death

    from Waco Tribune

    November 20, 2009

    New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009]

    from SCOTXblog

    This article also mentions 12 other cases.

    November 20, 2009

    Texas Supreme Court Favors Waco In Suit Over Deadly Cameron Park Fall

    from KWTX

    November 20, 2009

    New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009]

    from SCOTXblog

    This article also mentions 14 other cases.

    Opinion

    November 20, 2009

    Green
    Jefferson
    Hecht
    Oneill
    Wainwright
    Medina
    Johnson
    Willett
    Guzman

    Justice Green delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Medina, Justice Johnson, Justice Willett, and Justice Guzman joined as to Parts I–V, and in which Chief Justice Jefferson joined as to Part IV. PDF

     

    Court of Appeals

    Appellate District:10th Court of Appeals
    Outcome Below:Reversed & Remanded
    COA Docket No.:10-07-00123-CV
    Opinion Author:Honorable Felipe Reyna

    Trial Court

    Trial Court:19th District Court
    County:McLennan
    Trial Judge:Honorable Ralph T. Strother
    Trial Docket:2005-360-1

    Docket Entries

    Date Event Outcome  
    2010-02-10 Case Stored  
    2010-01-08 Mandate issued  
    2009-11-20 Court approved judgment sent to attorneys of record Issued
    2009-11-20 Opinion issued Court of Appeals' judgment reversed and dismissed
      This case was awaiting the Court's decision after oral argument between February 23, 2009 and November 20, 2009.  
    2009-02-23 Description of document returned to Supreme Court  
    2009-02-03 Oral argument  
    2009-01-16 Motion to Argue disposed   Filing granted
    2009-01-14 Oral Argument Submission Form from Attorney received  
    2009-01-13 Motion to Argue filed  
    2009-01-13 Amicus Curiae Brief received  
    2008-12-12 Oral Argument Submission Form from Attorney received  
    2008-12-05 Motion to postpone submission date disposed   Filing granted
    2008-12-01 Motion to postpone submission date filed  
    2008-11-21 Petition for Review disposed Filing granted
    2008-11-21 Case set for oral argument   Case set for oral argument
    2008-11-21 Petition for Review granted
    2008-11-12 Electronic copies of brief posted to website  
    2008-11-07 Reply Brief (Petitioner)  
    2008-10-27 Electronic copies of brief posted to website  
    2008-10-24 Brief on the Merits (Respondent)  
    2008-10-03 Motion for Extension of Time disposed.   Filing granted
    2008-10-02 Motion for Extension of Time to File Brief filed  
    2008-09-23 Electronic copies of brief posted to website  
    2008-09-22 Brief on the Merits (Petitioner)  
    2008-09-09 Electronic copies of brief posted to website  
    2008-09-09 Electronic copies of brief posted to website  
    2008-09-09 Electronic copies of brief posted to website  
    2008-09-08 Case Record Filed  
    2008-08-22 Record Requested in Petition for Review
    2008-08-22 Brief on the Merits Requested  
      This case was waiting for a decision about briefing or a possible grant between June 26, 2008 and August 22, 2008.  
    2008-06-26 Response to Petition (Respondent)  
    2008-06-26 Response to Amicus Curiae Brief filed (Respondent)  
    2008-05-30 Supreme Court of Texas Requested Response  
    2008-04-29 Case forwarded to Court
    2008-04-14 Amicus Curiae Brief received  
    2008-03-27 Appendix Filed (Petitioner)  
    2008-03-27 Petition for Review (Petitioner)  
    2008-02-13 Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2008-02-12 Motion for Extension of Time to File Petition for Review filed  

    Parties

    Party Counsel Role
    City of Waco
    Mr. C. Alfred Mackenzie
    Mr. Charles D. Olson
    Petitioner
    Kirwan, Debra
    Mr. Michael C. Singley
    Mr. Jeffery Mundy
    Respondent

    Amici Curiae

    Amicus Curiae Counsel
    The State of Texas
    Ms. Danica Lynn Milios
    Mr. David S. Morales
    Texas Municipal League
    Mr. Ramon G. Viada III
     
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