Supreme Court of Texas Blog

No. 02-0701
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CARL J. BATTAGLIA, M.D., P.A., AND TOMMY A. POLK, M.D., P.A. v. LISA JONES ALEXANDER, INDIVIDUALLY AND AS NATURAL REPRESENTATIVE OF THE ESTATE OF MARK G. ALEXANDER, DECEASED, JAMES ALEXANDER, INDIVIDUALLY, AND RUBY ALEXANDER, INDIVIDUALLY

Oral argument was held on October 15, 2003. The Court issued an opinion resolving the case on May 27, 2005. It then denied rehearing on December 30, 2005 File Closed

Opinions

May 27, 2005

Placeholder
Jefferson
Hecht
Oneill
Wainwright
Brister
Medina
Green
Johnson

Justice Owen delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson joined, and in which Chief Justice Jefferson, Justice O'Neill, and Justice Brister joined as to Parts II and III PDF

Brister
Jefferson
Oneill

Justice Brister delivered an opinion concurring in part and dissenting in part, joined by Chief Justice Jefferson and Justice O'Neill PDF

 

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:14-00-00428-CV
Opinion Author:Honorable KEM THOMPSON FROST

Trial Court

Trial Court:190th District Court
County:Harris
Trial Judge:Honorable John P. Devine
Trial Docket:98-05567

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2006-01-03 Mandate issued  
2006-01-03 Case Stored  
2005-12-30 Motion for Rehearing - Disposed   Denied
2005-12-30 Miscellaneous motion disposed. See Remarks.   Denied
  This case was waiting for a decision about a pending motion for rehearing between July 21, 2005 and December 30, 2005.  
2005-07-21 Motion for Rehearing forwarded
2005-07-21 Motion for Rehearing  
2005-07-06 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2005-07-05 Motion for Extension of Time to File Motion for Rehearing  
2005-06-17 Motion for Extension of Time to File Response disposed   Filing granted
2005-06-17 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2005-06-17 Motion for Extension of Time to File Response  
2005-06-14 Letter sent to parties from Supreme Court - See Remarks  
2005-06-10 Notice requesting filing fee  
2005-06-10 Motion for Extension of Time to File Motion for Rehearing  
2005-06-08 Miscellaneous Motion  
2005-05-27 Opinion issued Court of Appeals' judgment reversed in part
2005-05-27 Motion to dismiss disposed   Denied
2005-05-27 Court approved judgment sent to attorneys of record Issued
2005-05-27 Opinion issued Court of Appeals' judgment reversed in part
2005-05-27 Concurring and Dissenting Opinion delivered
2005-05-26 Additional citations received. (Respondent)  
  This case was awaiting the Court's decision after oral argument between October 23, 2003 and May 26, 2005.  
2003-10-23 Response to Petition (Respondent)  
2003-10-17 Post submission brief filed (Petitioner)  
2003-10-15 Oral argument  
2003-09-26 Amicus Curiae Letter Received  
2003-08-25 Reply to Response (Petitioner)  
2003-08-25 Reply to Response (Petitioner)  
2003-08-14 Response to Motion filed  
2003-08-14 Notice from Counsel of a change in address  
2003-08-04 Supreme Court of Texas Requested Response  
2003-08-01 Motion to dismiss application for writ of error  
2003-07-24 Amount of time allotted for oral argument.  
2003-07-24 Created for Data Conversion -- an event inserted to correspond to the submission date of a process  
2003-07-24 Set for Submission  
2003-06-12 Petition for Review disposed Filing granted
2003-05-16 Response to Petition (Respondent)  
2003-05-13 Reply Brief (Petitioner)  
2003-05-06 Amicus Curiae Letter Received  
2003-04-28 Brief on the Merits (Respondent)  
2003-04-07 Motion for Extension of Time disposed.   Filing granted
2003-04-07 Motion for Extension of Time to File Brief filed  
2003-03-18 Call received  
2003-03-18 Brief on the Merits (Petitioner)  
2003-03-18 Notice received  
2003-03-11 Motion for Extension of Time disposed.   Filing granted
2003-03-10 Motion for Extension of Time to File Brief filed  
2003-02-19 Record Received (See Remarks)  
2003-02-07 Record Requested in Petition for Review  
2003-02-07 Brief on the Merits Requested  
2003-01-13 Reply to Response (Petitioner)  
2003-01-02 Response to Petition (Respondent)  
2002-12-02 Supreme Court of Texas Requested Response  
2002-11-19 Case forwarded to Court
2002-11-18 Response Waiver filed  
2002-11-07 Petition for Review (Petitioner)  
2002-11-07 Appendix Filed (Petitioner)  

Parties

Party Counsel Role
ALEXANDER, JAMES
Mr. Parker B. Binion
Respondent
ALEXANDER, LISA JONES
Mr. Parker B. Binion
Respondent
ALEXANDER, ESTATE OF MARK G.
Mr. Jim M. Perdue Jr.
Mr. Jim M. Perdue Sr.
Respondent
ALEXANDER, RUBY
Mr. Russell S. Post
Mr. Kevin H. Dubose
Respondent
BATTAGLIA, M.D., A., CARL
Mr. Jack G. Carnegie
Petitioner
POLK, M.D., A. TOMMY A.
Mr. David M. Bays
Mr. Thomas P. Sartwelle
Petitioner

Amicus Curiae

Amicus Curiae Counsel
TEXAS MEDICAL ASSOCIATION
Mr. Donald P. Wilcox
Ms. Susan G. Taylor
...
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