Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 13-1014
TAMES

RANDOL MILL PHARMACY, KVG ENTERPRISES, INC., GARY G. DALEY, JOHN WAYNE BAILEY, JAMES ROBERT FORSYTHE, KEVIN LYNN HEIDE, JULIE KNOWLTON LUBBERT, AND CARA MORRELL v. STACEY MILLER AND RANDY MILLER

Oral argument was held on January 14, 2015. The Court issued an opinion resolving the case on April 24, 2015. It then denied rehearing on September 11, 2015 File Closed

In the news...

Tracking 1 article about this case.

Opinion

April 24, 2015

Lehrmann
Hecht
Green
Johnson
Willett
Guzman
Boyd
Devine
Brown

Justice Lehrmann delivered the opinion of the Court.View Electronic Briefs | Oral Argument | Video PDF

 

Court of Appeals

Appellate District:2nd Court of Appeals
Outcome Below:Affirmed
COA Docket No.:02-12-00519-CV
Opinion Author:Honorable Sue Walker

Trial Court

Trial Court:348th District Court
County:Tarrant
Trial Judge:Honorable Dana Womack
Trial Docket:348-259573-12

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
  This case has been waiting for a possible rehearing motion.  
2015-09-11 Mandate issued  
2015-09-11 Motion for Rehearing - Disposed Denied
2015-07-31 Designation of Lead Counsel  
2015-06-29 Reply to Response to Motion for Rehearing filed (Respondent)  
2015-06-22 Response to Motion for Rehearing (Petitioner)  
2015-06-05 Supreme Court of Texas Requested Response  
2015-05-11 Motion for Rehearing  
2015-05-11 Case forwarded to Court
2015-04-24 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2015-04-24 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between January 14, 2015 and April 24, 2015.  
2015-01-14 Oral argument  
2014-11-25 Oral Argument Submission Form from Attorney received  
2014-11-25 Letter Filed  
2014-11-24 Oral Argument Submission Form from Attorney received  
2014-10-24 Case set for oral argument   Case set for oral argument
2014-10-24 Petition for Review granted
2014-10-24 Motion to strike disposed   Denied
2014-10-24 Petition for Review disposed Filing granted
2014-10-17 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
2014-09-19 Reply Brief (Petitioner)  
2014-09-05 Phone call from Clerk's Office  
2014-09-05 Motion for Extension of Time to File Brief filed  
2014-09-05 Motion for Extension of Time disposed.   Filing granted
2014-09-05 Brief on the Merits (Respondent)  
2014-08-20 Motion for Extension of Time to File Brief filed  
2014-08-20 Motion for Extension of Time disposed.   Filing granted
2014-08-19 Call received  
2014-08-19 Phone call from Clerk's Office  
2014-07-16 Brief on the Merits (Petitioner)  
2014-06-09 Motion for Extension of Time to File Brief filed  
2014-06-09 Motion for Extension of Time disposed.   Filing granted
2014-05-19 Record Requested in Petition for Review  
2014-05-19 Case Record Filed  
2014-05-16 Brief on the Merits Requested  
2014-05-15 Surreply filed (Respondent)  
2014-05-15 Motion for leave to file brief  
2014-04-29 Reply to Response (Petitioner)  
2014-04-10 MET to file reply disposed of   Filing granted
2014-04-10 Motion to Extend Time to File Reply filed  
2014-03-31 Response to Petition (Respondent)  
2014-03-20 Motion for Extension of Time to File Response  
2014-03-20 Motion for Extension of Time to File Response disposed   Filing granted
2014-02-21 Supreme Court of Texas Requested Response  
2014-02-19 Response to Motion filed  
2014-02-18 Call received  
2014-02-14 Motion to Strike filed  
2014-02-12 Amicus Curiae Brief received  
2014-02-10 Amicus Curiae Brief received  
2014-01-21 Case forwarded to Court
2014-01-17 Response Waiver filed  
2014-01-06 Amicus Curiae Brief received  
2013-12-27 Phone call from Clerk's Office  
2013-12-27 Call received  
2013-12-20 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Randoll Mill Pharmacy
Ms. Erin E. Lunceford
Ms. Michele Quattlebaum
Petitioner
Miller, Stacey
Mr. Robert G. "Greg" Fitzgerald
Mr. Michael W. Minton
Respondent

Amici Curiae

Amicus Curiae Counsel
Southwest Pharmacy Solutions
Mr. Miguel S. Rodriguez
Texas Pharmacy Association
Mr. Mark A. Keene
Alliance of Independent Pharmacists - Texas
Mr. Jay B. Stewart
Mr. E. Lee Parsley

Compounding pharmacies under the health-care-liability act

This is a claim against a compounding pharmacy based on an antioxidant supplement. The supplement was provided to a doctor's office, which then provided it to patients. The pharmacy argued that this was a health-care-liability claim and, accordingly, should be dismissed because no expert report was timely filed. The plaintiff argues that filling what the response calls a "bulk" order for these supplements is not filling a prescription and does not fit the statute.

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