Supreme Court of Texas Blog

No. 04-0865
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IN RE MERRILL LYNCH TRUST COMPANY FSB, MERRILL LYNCH LIFE INSURANCE COMPANY, AND HENRY MEDINA

Oral argument was held on March 23, 2005. The Court issued an opinion resolving the case on August 24, 2007. File Closed

Opinions

August 24, 2007

Brister
Jefferson
Hecht
Wainwright
Medina
Green
Johnson
Willett

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

Hecht
Oneill
Medina

Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Medina joined and in which Justice O’Neill joined as to Part I. PDF

Johnson
Wainwright

Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Justice Wainwright joined. PDF

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Denied
COA Docket No.:13-04-00150-CV
Opinion Author:Honorable Rogelio Valdez

Trial Court

Trial Court:County Court at Law No 4
County:Nueces
Trial Judge:Honorable James E. Klager
Trial Docket:03-60747-00-0-4

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2007-11-15 Case Stored  
2007-11-01 Certified cys of cost bill sent to attys of record  
  This case was waiting for a possible rehearing motion between August 24, 2007 and November 1, 2007.  
2007-08-24 Opinion issued Writ of Mandamus conditionally granted
2007-08-24 Concurring and Dissenting Opinion delivered Issued
2007-08-24 Concurring and Dissenting Opinion delivered Issued
2007-08-24 Stay Order lifted  
  This case was awaiting the Court's decision after oral argument between June 28, 2007 and August 24, 2007.  
2007-06-28 Additional Copies received (Relator)  
2007-06-26 Phone call from Clerk's Office (Relator)  
2007-06-26 Designation of Lead Counsel (Relator)  
2007-06-26 Additional citations received. (Relator)  
2007-06-26 Call received (Relator)  
  This case was awaiting the Court's decision after oral argument between September 12, 2005 and June 26, 2007.  
2005-09-12 Additional citations received. (Relator)  
  This case was awaiting the Court's decision after oral argument between March 23, 2005 and September 12, 2005.  
2005-03-23 Oral argument  
2005-03-22 Appendix Filed (Real Parties in Interest)  
2005-03-15 Miscellaneous motion disposed. See Remarks.   Filing granted
2005-03-11 Electronic copies of brief posted to website (Real Parties in Interest)  
2005-03-11 Electronic copies of brief posted to website (Real Parties in Interest)  
2005-03-10 Amended Brief filed (Real Parties in Interest)  
2005-03-10 Appendix Filed (Real Parties in Interest)  
2005-03-10 Miscellaneous motion filed. (Real Parties in Interest)  
2005-03-03 Electronic copies of brief posted to website (Relator)  
2005-03-03 Electronic copies of brief posted to website (Relator)  
2005-03-03 Electronic copies of brief posted to website (Relator)  
2005-02-22 Reply brief filed (Relator)  
2005-02-11 Petition for Writ of Mandamus disposed Case set for oral argument
2005-02-11 Mandamus Set to Argue
2005-02-11 Case set for oral argument Case set for oral argument
2005-02-07 Appendix Filed (Real Parties in Interest)  
2005-02-07 Brief filed (Real Parties in Interest)  
2005-01-24 Motion for temporary relief disposed   Filing granted
2005-01-24 Stay Order issued Issued
2005-01-19 Letter Filed (Relator)  
2005-01-18 Brief filed (Relator)  
2004-12-17 Brief on the Merits Requested  
2004-11-01 Appendix Filed (Real Parties in Interest)  
2004-11-01 Response to Petition for Writ of Mandamus Filed (Real Parties in Interest)  
2004-10-15 Supreme Court of Texas Requested Response  
2004-10-05 Case forwarded to Court
2004-09-29 Motion for temporary relief (Relator)  
2004-09-29 Appendix Filed (Relator)  
2004-09-29 Case Record Filed (Relator)  
2004-09-29 Petition for Writ of Mandamus filed (Relator)  

Parties

Party Counsel Role
Merrill Lynch Life Insurance Company
Mr. Robert B. Gilbreath
Ms. Melinda Morrell Hough
Relator
Medina, Henry
Mr. Robert B. Gilbreath
Relator
Merrill Lynch Trust Company FSB
Mr. Charles A. Gall
Mr. Robert B. Gilbreath
Mr. Joel Randall Sharp
Mr. Jeffrey L. Crouch
Ms. Melinda Morrell Hough
Mr. Jorge C. Rangel
Mr. Jon D. Brooks
Relator
Alaniz, Juan
Ms. Nancy M. Simonson
Mr. Hector Antonio Canales
Mr. J. A. (Tony) Canales
Real Party In Interest
 
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