Supreme Court of Texas Blog

No. 16-0125
Click for Official Page

DEBRA C. GUNN, M.D., OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.A., AND OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES P.L.L.C. v. ANDRE MCCOY, AS PERMANENT GUARDIAN OF SHANNON MILES MCCOY, AN INCAPACITATED PERSON

Oral argument was held on February 8, 2018. The Court issued an opinion resolving the case on June 15, 2018. It then denied rehearing on September 28, 2018 File Closed

Opinions

June 15, 2018

Green
Hecht
Lehrmann
Devine
Brown
Blacklock

Justice Green delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Brown, and Justice Blacklock joined. PDF

Johnson
Boyd

Justice Johnson delivered a dissenting opinion, in which Justice Boyd joined. PDF

 

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Aff As Mod
COA Docket No.:14-14-00112-CV
Opinion Author:Honorable Marc W. Brown

Trial Court

Trial Court:Probate Court No 2
County:Harris
Trial Judge:Honorable Michael J. Wood
Trial Docket:352,923-401

Docket Entries

Date Event Outcome  
2018-09-28 Mandate issued  
2018-09-28 Motion for Rehearing - Disposed   Denied with Justice not sitting.
2018-08-21 Amicus Curiae Brief received  
2018-08-02 Case forwarded to Court
2018-08-01 Motion for Rehearing  
2018-07-18 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2018-07-02 Amendment to Motion filed  
2018-06-29 Electronic communication sent to Party  
2018-06-29 Electronic communication sent to Party  
2018-06-29 Motion for Extension of Time to File Motion for Rehearing  
2018-06-15 Dissenting opinion issued.   Issued
2018-06-15 Opinion issued   Court of appeals' judgment affirmed
2018-06-15 Opinion issued Issued
2018-06-15 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between March 20, 2018 and June 15, 2018.  
2018-03-20 Post submission brief filed  
2018-03-05 Post submission brief filed  
2018-03-05 Post submission brief filed  
2018-03-02 Post submission brief filed (Respondent)  
2018-03-01 Post submission brief filed (Respondent)  
2018-02-26 Post submission brief filed (Respondent)  
2018-02-23 Letter Filed  
2018-02-16 Post submission brief filed  
2018-02-09 Post submission brief filed  
2018-02-08 Oral argument  
2018-02-08 Submission Schedule
2018-02-08 Oral argument  
2018-02-07 Phone call from Clerk's Office  
2018-02-07 Exhibits in case/cause filed  
2018-02-07 Amicus Curiae Letter Received  
2018-02-06 Additional citations received.  
2018-02-05 Amicus Curiae Brief received  
2018-02-05 Oral Argument Submission Form from Attorney received  
2018-02-05 Call received  
2017-12-26 Oral Argument Submission Form from Attorney received  
2017-12-19 Oral Argument Submission Form from Attorney received  
2017-12-15 Case set for oral argument   Case set for oral argument
2017-12-15 Case set for oral argument   Case set for oral argument
2017-12-08 Petition for Review disposed   Filing granted
2017-12-08 Petition for Review disposed   Filing granted
2017-12-08 Petition for Review granted
2017-12-08 Petition for Review granted
  This case was pending on merits briefs between May 16, 2017 and December 8, 2017.  
2017-05-16 Reply Brief (Petitioner)  
2017-04-27 Motion for Extension of Time disposed.   Filing granted
2017-04-26 Electronic communication sent to Party  
2017-04-25 Motion for Extension of Time to File Brief filed  
2017-04-24 Reply Brief (Petitioner)  
2017-04-10 Brief on the Merits (Respondent)  
2017-04-10 Brief on the Merits (Respondent)  
2017-03-20 Brief on the Merits (Petitioner)  
2017-02-17 Motion for Extension of Time disposed.   Filing granted
2017-02-17 Electronic communication sent to Party  
2017-02-17 Electronic communication received from Party  
2017-02-16 Motion for Extension of Time to File Brief filed  
2017-01-27 Brief on the Merits (Petitioner)  
2017-01-13 Motion for Extension of Time to File Brief filed  
2017-01-13 Motion for Extension of Time disposed.   Filing granted
2017-01-12 Motion for Extension of Time disposed.   Filing granted
2017-01-12 Motion for Extension of Time to File Brief filed  
2017-01-02 Case Record Filed  
2016-12-19 Record Requested in Petition for Review  
2016-12-16 Brief on the Merits Requested  
2016-11-23 Reply to Response (Petitioner)  
2016-11-10 MET to file reply disposed of   Filing granted
2016-11-10 Motion to Extend Time to File Reply filed  
2016-11-08 Reply to Response  
2016-10-26 Response to Petition (Respondent)  
2016-10-26 Response to Petition (Respondent)  
2016-10-07 Motion for Extension of Time to File Response disposed   Filing granted
2016-10-07 Call received  
2016-10-07 Motion for Extension of Time to File Response  
2016-08-26 Motion for Extension of Time disposed.   Filing granted
2016-08-26 Amendment to Motion filed  
2016-08-26 Electronic communication sent to Party  
2016-08-25 Motion for Extension of Time to File Response  
2016-08-12 Supreme Court of Texas Requested Response  
2016-07-12 Case forwarded to Court
2016-07-12 Case forwarded to Court
2016-06-08 Petition for Review #2 (Petitioner)  
2016-06-02 Amicus Curiae Brief received  
2016-05-06 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2016-05-06 Motion for Extension of Time to File Petition for Review #2 filed  
2016-05-05 Petition for Review (Petitioner)  
2016-04-27 Motion to withdraw disposed of   Filing granted
2016-04-25 Motion to Withdraw Filed  
2016-04-20 Call received  
2016-04-01 Abatement Order Lifted  
2016-04-01 Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated  
2016-04-01 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2016-03-31 Notice received  
2016-02-24 Notice received  
2016-02-23 Motion for Extension of Time to File Petition for Review disposed   Matter in Supreme Court of Texas Abated
2016-02-23 Order of the Court Issued   Matter in Supreme Court of Texas Abated
2016-02-22 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Obstetric and Gynecological Associates, P.A.
Ms. Linda Ruth St. Clair Russell
Mr. Spencer G. Markle
Mr. Michael C. Feehan
Mr. Jim Hund
Petitioner
Obstetrical and Gynecological Associates P.L.L.C.
Mr. Michael C. Feehan
Mr. Spencer G. Markle
Ms. Linda Ruth St. Clair Russell
Mr. Jim Hund
Petitioner
Mccoy, Andre
Mr. Alexander B. Klein III
Mr. Joseph Todd Trombley
Respondent
Gunn, M.D., Debra C.
Thomas P. Sartwelle
Ms. Barbara A. Hilburn
Mr. Nicholas D. Stepp
Mr. Jeffery T. Nobles
Petitioner

Amici Curiae

Amicus Curiae Counsel
American Medical Association
Ms. Erin E. Lunceford
Texas Alliance for Patient Access and Texas Medical Association
Ms. Erin E. Lunceford
Texas Association of Defense Counsel
Mr. Michael H. Bassett
Ms. Sadie Horner
Mr. Roger W. Hughes
...
...