Supreme Court of Texas Blog

No. 07-0522
Click for Official Page

BENNY P. PHILLIPS, M.D. v. DALE BRAMLETT, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF VICKI BRAMLETT, DECEASED, SHANE FULLER AND MICHAEL FULLER

Oral argument was held on April 22, 2008. The Court issued an opinion resolving the case on March 6, 2009. It then denied rehearing on September 28, 2009 File Closed

In the news...

Tracking 4 articles about this case.

June 7, 2013

Three opinions, two grants [Jun. 7, 2013]

from SCOTXblog

This article also mentions 8 other cases.

The Court has issued opinions:

December 16, 2012

Property owner testimony about value; five new grants [Dec. 14, 2012]

from SCOTXblog

This article also mentions 8 other cases.

September 29, 2009

Rehearing denied in the Stowers-doctrine case as it approached the 180-day deadline

from SCOTXblog

March 6, 2009

Order List for March 6, 2009

from SCOTXblog

Opinions

March 6, 2009

Medina
Wainwright
Brister
Johnson
Willett

Justice Medina delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice Johnson, and Justice Willett joined. PDF

Oneill
Jefferson
Hecht
Green

Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Hecht, and Justice Green joined. PDF

 

Court of Appeals

Appellate District:7th Court of Appeals
Outcome Below:AFF/PT, REV/REND/PT
COA Docket No.:07-05-00456-CV
Opinion Author:Honorable Mackey K. Hancock

Trial Court

Trial Court:237th District Court
County:Lubbock
Trial Judge:Honorable Samuel Abel Medina
Trial Docket:2003-522,183

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2014-07-30 Record returned to Court of Appeals  
2010-02-03 Case Stored  
  This case was waiting for a possible rehearing motion between September 29, 2009 and February 3, 2010.  
2009-09-29 Mandate issued  
2009-09-28 Motion for Rehearing - Disposed Denied
  This case was waiting for a decision about a pending motion for rehearing between June 19, 2009 and September 28, 2009.  
2009-06-19 Electronic copies of brief posted to website  
2009-06-19 Response to Amicus Curiae Brief filed (Respondent)  
2009-05-19 Amicus Curiae Brief received  
2009-05-14 Amicus Curiae Brief received  
2009-05-13 Letter Filed  
2009-05-12 Letter Filed  
2009-04-30 Amicus Curiae Brief received  
2009-04-24 Letter Received  
2009-04-24 Call received  
2009-04-22 Reply to Response to Motion for Rehearing filed (Petitioner)  
2009-04-15 Electronic copies of brief posted to website  
2009-04-15 Response to Amicus Curiae Brief filed (Respondent)  
2009-04-15 Response to Motion for Rehearing (Respondent)  
2009-04-09 Motion for Extension of Time disposed.   Filing granted
2009-04-07 Motion for Extension of Time to File Response  
2009-04-03 Case forwarded to Court
2009-04-03 Letter Filed  
2009-04-03 Motion for Rehearing  
2009-03-24 Supreme Court of Texas Requested Response  
2009-03-23 Amicus Curiae Brief received  
2009-03-18 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2009-03-13 Phone call from Clerk's Office  
2009-03-13 Motion for Extension of Time to File Motion for Rehearing  
2009-03-06 Dissenting opinion issued. Issued
2009-03-06 Opinion issued Court of Appeals' judgment reversed; cause remanded to trial court
2009-03-06 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between June 30, 2008 and March 6, 2009.  
2008-06-30 Electronic copies of brief posted to website  
2008-06-19 Post submission brief filed (Respondent)  
2008-05-30 Response to Brief filed (Petitioner)  
2008-05-15 Electronic copies of brief posted to website  
2008-05-14 Post submission brief filed (Respondent)  
2008-04-22 Oral argument  
2008-04-21 Address Change  
2008-04-18 Letter sent to parties from Supreme Court - See Remarks  
2008-04-17 Notice received  
2008-03-17 Oral Argument Submission Form from Attorney received  
2008-03-13 Oral Argument Submission Form from Attorney received  
2008-03-11 Electronic copies of brief posted to website  
2008-03-11 Electronic copies of brief posted to website  
2008-03-07 Submission reset   Case set for oral argument
2008-02-25 Oral Argument Submission Form from Attorney received  
2008-02-01 Oral Argument Submission Form from Attorney received  
2008-01-30 Returned document/s to attorney. See Remarks.  
2008-01-25 Petition for Review disposed Filing granted
2008-01-25 Case set for oral argument   Case set for oral argument
2008-01-25 Petition for Review granted
2007-12-19 Electronic copies of brief posted to website  
2007-12-19 Reply Brief (Petitioner)  
2007-12-05 Brief on the Merits (Respondent)  
2007-11-15 Brief on the Merits (Petitioner)  
2007-11-06 Case Record Filed  
2007-11-05 Electronic copies of brief posted to website  
2007-11-05 Electronic copies of brief posted to website  
2007-11-05 Electronic copies of brief posted to website  
2007-10-24 Record Requested in Petition for Review
2007-10-22 Brief on the Merits Requested  
2007-09-17 Reply to Response (Petitioner)  
2007-09-07 Response to Petition (Respondent)  
2007-08-08 Supreme Court of Texas Requested Response  
2007-07-31 Case forwarded to Court
2007-07-25 Response Waiver filed  
2007-07-24 Call received  
2007-06-28 Appendix Filed (Petitioner)  
2007-06-28 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Bramlett, Dale
Mr. John T. Smithee
Mr. Alexander B. Klein III
Mr. Joseph Todd Trombley
Mr. Thomas J. Turner
Respondent
Phillips, Benny P.
Mr. John Simpson
Mr. Benjamin H. Davidson II
Mr. Jim Hund
Mr. Dennis R. Burrows
Petitioner

Amici Curiae

Amicus Curiae Counsel
The Medical Protective Company
Ms. Susan A. Kidwell
Ms. Sarah B. Duncan
Mr. John H. Marks Jr.
Texas Medical Liability Trust
Ms. Diana L. Faust
Texas Medical Association
Mr. Thomas F. Nye
...
...