Opinions

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

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

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

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	Stay Order lifted
2007-08-24	Concurring and Dissenting Opinion delivered	Issued
2007-08-24	Concurring and Dissenting Opinion delivered	Issued
2007-08-24	Opinion issued	Writ of Mandamus conditionally granted
	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	Call 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)
	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	Miscellaneous motion filed. (Real Parties in Interest)
2005-03-10	Amended Brief filed (Real Parties in Interest)
2005-03-10	Appendix Filed (Real Parties in Interest)
2005-03-03	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	Case set for oral argument	Case set for oral argument
2005-02-11	Mandamus Set to Argue
2005-02-11	Petition for Writ of Mandamus disposed	Case set for oral argument
2005-02-07	Brief filed (Real Parties in Interest)
2005-02-07	Appendix Filed (Real Parties in Interest)
2005-01-24	Stay Order issued	Issued
2005-01-24	Motion for temporary relief disposed	Filing granted
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	Petition for Writ of Mandamus filed (Relator)
2004-09-29	Appendix Filed (Relator)
2004-09-29	Motion for temporary relief (Relator)
2004-09-29	Case Record Filed (Relator)

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