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No. 13-1014
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RANDOL MILL PHARMACY, KVG ENTERPRISES, INC., GARY G. DALEY, JOHN WAYNE BAILEY, JAMES ROBERT FORSYTHE, KEVIN LYNN HEIDE, JULIE KNOWLTON LUBBERT, AND CARA MORRELL v. STACEY MILLER AND RANDY MILLER

Oral argument was held on January 14, 2015. The Court issued an opinion resolving the case on April 24, 2015. It then denied rehearing on September 11, 2015 File Closed

In the news...

Tracking 1 article about this case.

October 27, 2014

Four grants: disqualifying counsel; suing compounding pharmacies; government immunity × 2 [Oct. 24, 2014]

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from SCOTXblog

The article also mentions:
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    • The Court has issued opinions:

    Lehrmann Hecht Green Johnson Willett Guzman Boyd Devine Brown

    Opinion of the Court

    Opinion

    April 24, 2015

    Lehrmann
    Hecht
    Green
    Johnson
    Willett
    Guzman
    Boyd
    Devine
    Brown

    Justice Lehrmann delivered the opinion of the Court.View Electronic Briefs | Oral Argument | Video PDF

     

    Court of Appeals

    Appellate District:2nd Court of Appeals
    Outcome Below:Affirmed
    COA Docket No.:02-12-00519-CV
    Opinion Author:Honorable Sue Walker

    Trial Court

    Trial Court:348th District Court
    County:Tarrant
    Trial Judge:Honorable Dana Womack
    Trial Docket:348-259573-12

    Entries on SCOTX Orders Lists

    Docket Entries

    Date Event Outcome  
      This case has been waiting for a possible rehearing motion.  
    2015-09-11 Motion for Rehearing - Disposed Denied
    2015-09-11 Mandate issued  
    2015-07-31 Designation of Lead Counsel  
    2015-06-29 Reply to Response to Motion for Rehearing filed (Respondent)  
    2015-06-22 Response to Motion for Rehearing (Petitioner)  
    2015-06-05 Supreme Court of Texas Requested Response  
    2015-05-11 Motion for Rehearing  
    2015-05-11 Case forwarded to Court
    2015-04-24 Court approved judgment sent to attorneys of record Issued
    2015-04-24 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
      This case was awaiting the Court's decision after oral argument between January 14, 2015 and April 24, 2015.  
    2015-01-14 Oral argument  
    2014-11-25 Oral Argument Submission Form from Attorney received  
    2014-11-25 Letter Filed  
    2014-11-24 Oral Argument Submission Form from Attorney received  
    2014-10-24 Petition for Review disposed Filing granted
    2014-10-24 Motion to strike disposed   Denied
    2014-10-24 Petition for Review granted
    2014-10-24 Case set for oral argument   Case set for oral argument
    2014-10-17 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
    2014-09-19 Reply Brief (Petitioner)  
    2014-09-05 Motion for Extension of Time disposed.   Filing granted
    2014-09-05 Phone call from Clerk's Office  
    2014-09-05 Brief on the Merits (Respondent)  
    2014-09-05 Motion for Extension of Time to File Brief filed  
    2014-08-20 Motion for Extension of Time disposed.   Filing granted
    2014-08-20 Motion for Extension of Time to File Brief filed  
    2014-08-19 Phone call from Clerk's Office  
    2014-08-19 Call received  
    2014-07-16 Brief on the Merits (Petitioner)  
    2014-06-09 Motion for Extension of Time disposed.   Filing granted
    2014-06-09 Motion for Extension of Time to File Brief filed  
    2014-05-19 Case Record Filed  
    2014-05-19 Record Requested in Petition for Review  
    2014-05-16 Brief on the Merits Requested  
    2014-05-15 Motion for leave to file brief  
    2014-05-15 Surreply filed (Respondent)  
    2014-04-29 Reply to Response (Petitioner)  
    2014-04-10 Motion to Extend Time to File Reply filed  
    2014-04-10 MET to file reply disposed of   Filing granted
    2014-03-31 Response to Petition (Respondent)  
    2014-03-20 Motion for Extension of Time to File Response  
    2014-03-20 Motion for Extension of Time to File Response disposed   Filing granted
    2014-02-21 Supreme Court of Texas Requested Response  
    2014-02-19 Response to Motion filed  
    2014-02-18 Call received  
    2014-02-14 Motion to Strike filed  
    2014-02-12 Amicus Curiae Brief received  
    2014-02-10 Amicus Curiae Brief received  
    2014-01-21 Case forwarded to Court
    2014-01-17 Response Waiver filed  
    2014-01-06 Amicus Curiae Brief received  
    2013-12-27 Call received  
    2013-12-27 Phone call from Clerk's Office  
    2013-12-20 Petition for Review (Petitioner)  

    Parties

    Party Counsel Role
    Randoll Mill Pharmacy
    Ms. Erin E. Lunceford
    Ms. Michele Quattlebaum
    		 Petitioner
    Miller, Stacey
    Mr. Robert G. "Greg" Fitzgerald
    Mr. Michael W. Minton
    		 Respondent

    Amici Curiae

    Amicus Curiae Counsel
    Southwest Pharmacy Solutions
    Mr. Miguel S. Rodriguez
    Texas Pharmacy Association
    Mr. Mark A. Keene
    Alliance of Independent Pharmacists - Texas
    Mr. Jay B. Stewart
    Mr. E. Lee Parsley

    Compounding pharmacies under the health-care-liability act

    This is a claim against a compounding pharmacy based on an antioxidant supplement. The supplement was provided to a doctor's office, which then provided it to patients. The pharmacy argued that this was a health-care-liability claim and, accordingly, should be dismissed because no expert report was timely filed. The plaintiff argues that filling what the response calls a "bulk" order for these supplements is not filling a prescription and does not fit the statute.

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