Supreme Court of Texas Blog

No. 17-0730
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THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER v. LANCE MCKENZIE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF COURTNEY MCKENZIE-THUE (DECEASED), AND DEBORAH DIVER, INDIVIDUALLY AND AS NEXT FRIEND OF J.O., A MINOR

A petition was filed on October 18, 2017. Oral argument was held on February 19, 2019. The Court issued an opinion resolving the case on June 28, 2019.

Opinions

June 28, 2019

Lehrmann
Guzman
Boyd
Devine
Blacklock

Justice Lehrmann delivered the opinion of the Court, in which Justice Guzman, Justice Boyd, Justice Devine, and Justice Blacklock joined. PDF

Hecht
Green
Brown

Chief Justice Hecht delivered a dissenting opinion, in which Justice Green and Justice Brown joined. PDF

 

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:14-16-00681-CV
Opinion Author:Honorable Kevin D. Jewell

Trial Court

Trial Court:165th District Court
Trial Judge:Honorable Debra Ibarra Mayfield
Trial Docket:2013-74868

Upcoming

Date Event  
2019-07-15 Motion for rehearing due to be filed.

Docket Entries

Date Event Outcome  
2019-06-28 Opinion issued   Court of appeals' judgment affirmed
2019-06-28 Dissenting opinion issued. Issued
2019-06-28 Court approved judgment sent to attorneys of record Issued
2019-05-21 Letter Filed  
2019-05-08 Post submission brief filed (Petitioner)  
  This case was awaiting the Court's decision after oral argument between February 19, 2019 and May 8, 2019.  
2019-02-19 Oral argument  
2019-02-08 Oral Argument Submission Form from Attorney received  
2019-01-09 Designation of Lead Counsel  
2018-12-14 Case set for oral argument   Case set for oral argument
2018-12-07 Submission reset   The date and time for oral argument are yet to be determined.
2018-12-05 Oral Argument Cancelled  
2018-11-20 Oral Argument Submission Form from Attorney received  
2018-11-19 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between September 11, 2018 and November 19, 2018.  
2018-09-11 Notice of Appearance  
2018-08-31 Petition for Review disposed Filing granted
2018-08-31 Petition for Review granted
2018-08-31 Case set for oral argument   Case set for oral argument
2018-07-20 Reply Brief (Petitioner)  
2018-07-05 Brief on the Merits (Respondent)  
2018-06-06 Electronic communication sent to Party  
2018-06-06 Motion for Extension of Time disposed.   Filing granted
2018-06-06 Supplement to Motion filed  
2018-06-05 Motion for Extension of Time to File Brief filed  
2018-05-16 Brief on the Merits (Petitioner)  
2018-04-20 Notice of Appearance  
2018-04-16 Case Record Filed  
2018-04-10 Motion for Extension of Time disposed.   Filing granted
2018-04-09 Motion for Extension of Time to File Brief filed  
2018-04-06 Designation of Lead Counsel  
2018-03-19 Record Requested in Petition for Review  
2018-03-16 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between January 22, 2018 and March 16, 2018.  
2018-01-22 Response to Petition (Respondent)  
2017-12-22 Supreme Court of Texas Requested Response  
2017-11-21 Case forwarded to Court
2017-10-18 Petition for Review (Petitioner)  
2017-09-07 Motion for Extension of Time to File Petition for Review filed  
2017-09-07 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-Thue (Deceased)
Mr. Kirk L. Pittard
Ms. Dana Brooke Levy
Ms. Susan Leigh Vanostrand Fuller
Mr. Allan R. Brain
Respondent
Deborah Diver, Individually and As Next Friend of J.O., a minor
Mr. Kirk L. Pittard
Ms. Dana Brooke Levy
Mr. Allan R. Brain
Ms. Susan Leigh Vanostrand Fuller
Respondent
University of Texas M.D. Anderson Cancer Center
Mr. Brantley David Starr
Mr. James Edward Davis
Mr. Kyle D. Hawkins
Mr. Jeffrey C. Mateer
Mr. John C. Sullivan
Mr. Kevin Desiderio Molina
Atty. Gen. W. Kenneth Paxton Jr.
Ms. Kara Lynne Kennedy
Petitioner
 
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