Opinions

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

Justice Willett delivered a dissenting opinion, joined by Justice Hecht, Justice Wainwright, and Justice Johnson PDF

Justice Brister delivered a concurring opinion, joined by Chief Justice Jefferson PDF

Court of Appeals

Appellate District:	3rd Court of Appeals
Outcome Below:	Affirmed
COA Docket No.:	03-03-00241-CV
Opinion Author:	Honorable Mack Kidd

Trial Court

Trial Court:	353rd District Court
County:	Travis
Trial Judge:	Honorable Scott H. Jenkins
Trial Docket:	GN-102,636

Date	Event	Outcome
2006-10-19	Phone call from Clerk's Office
2006-09-07	Case Stored
2006-08-25	Mandate issued
	This case was waiting for a possible rehearing motion between June 30, 2006 and August 25, 2006.
2006-06-30	Concurring Opinion issued.	Issued
2006-06-30	Court approved judgment sent to attorneys of record	Issued
2006-06-30	Opinion issued	Court of Appeals' judgment affirmed in part, reversed in part
2006-06-30	Dissenting opinion issued.	Issued
	This case was awaiting the Court's decision after oral argument between October 18, 2005 and June 30, 2006.
2005-10-18	Oral argument
	This case was waiting for oral argument between June 21, 2005 and October 18, 2005.
2005-06-21	Electronic copies of brief posted to website
2005-06-21	Electronic copies of brief posted to website
2005-06-17	Electronic copies of brief posted to website
2005-06-17	Electronic copies of brief posted to website
2005-06-17	Electronic copies of brief posted to website
2005-06-10	Case set for oral argument	Case set for oral argument
2005-06-10	Petition for Review granted
2005-06-10	Petition for Review disposed	Filing granted
	This case was pending on merits briefs between December 30, 2004 and June 10, 2005.
2004-12-30	Reply Brief (Petitioner)
2004-12-15	Brief on the Merits (Respondent)
2004-12-09	Motion for Extension of Time disposed.	Filing granted
2004-12-07	Motion for Extension of Time to File Brief filed
2004-11-18	Brief on the Merits (Petitioner)
2004-10-28	Record Received (See Remarks)
2004-10-26	Record Requested in Petition for Review
2004-10-19	Brief on the Merits Requested
	This case was waiting for a decision about briefing or a possible grant between August 26, 2004 and October 19, 2004.
2004-08-26	Response to Petition (Respondent)
2004-08-17	Motion for Extension of Time disposed.	Filing granted
2004-08-16	Motion for Extension of Time to File Response
2004-07-20	Supreme Court of Texas Requested Response
2004-06-29	Case forwarded to Court
2004-06-22	Response Waiver filed
2004-06-14	Petition for Review (Petitioner)
2004-06-14	Appendix Filed (Petitioner)

Party	Counsel	Role
Ramirez, Roberto	Mr. Brian Scott Engel Mr. Scott Steven Cooley Ms. Stephanie E. Kaiser Mr. Carlos Ramon Soltero	Respondent
Fifth Club, Inc.	Mr. David E. Chamberlain Ms. Amy Catherine Welborn Mr. Timothy Brian Poteet	Petitioner
West, David A.	Mr. Timothy Brian Poteet	Petitioner