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No. 14-0353
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MELISSA VAN NESS, INDIVIDUALLY AND AS NEXT OF FRIEND, AN HEIR AT LAW, AND A SURVIVING PARENT OF NICHOLAS VAN NESS, RONALD VAN NESS, INDIVIDUALLY AND AS NEXT FRIEND OF, AN HEIR AT LAW, AND A SURVIVING PARENT OF NICHOLAS VAN NESS, AND ESTATE OF NICHOLAS VAN v. ETMC FIRST PHYSICIANS & KRISTIN AULT, D.O.

The Court requested full merits briefing on October 3, 2014. The Court issued an opinion resolving the case on April 24, 2015. It then denied rehearing on June 19, 2015 File Closed

Opinion

April 24, 2015

Percuriam.246722

Per Curiam OpinionView Electronic Briefs | Oral Argument N/A | Video N/A PDF

 

Court of Appeals

Appellate District:12th Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:12-12-00357-CV
Opinion Author:Honorable Brian Hoyle

Trial Court

Trial Court:2nd District Court
County:Cherokee
Trial Judge:Honorable Dwight L. Phifer
Trial Docket:2011-12-0993

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2015-07-30 Case Stored  
2015-06-19 Mandate issued  
2015-06-19 Motion for Rehearing - Disposed Denied
2015-05-08 Motion for Rehearing  
2015-05-08 Case forwarded to Court
2015-04-24 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2015-04-24 Petition for Review granted under TRAP 59.1
2015-04-24 Court approved judgment sent to attorneys of record Issued
2015-04-24 Petition for Review disposed Petition granted pursuant to TRAP 59.1
  This case was pending on merits briefs between February 18, 2015 and April 24, 2015.  
2015-02-18 Notice from Counsel of a change in address  
  This case was pending on merits briefs between December 9, 2014 and February 18, 2015.  
2014-12-09 Reply Brief (Petitioner)  
2014-11-24 Brief on the Merits (Respondent)  
2014-11-03 Brief on the Merits (Petitioner)  
2014-10-06 Record Requested in Petition for Review  
2014-10-06 Case Record Filed  
2014-10-03 Brief on the Merits Requested  
2014-09-18 Reply to Response (Petitioner)  
2014-09-11 MET to file reply disposed of   Filing granted
2014-09-11 Motion to Extend Time to File Reply filed  
2014-08-25 Response to Petition (Respondent)  
2014-07-25 Supreme Court of Texas Requested Response
2014-06-24 Case forwarded to Court
2014-06-23 Response Waiver filed  
2014-06-16 Petition for Review (Petitioner)  
2014-05-07 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2014-05-07 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Estate of Nicholas Van Ness
Ms. Heidi O. Vicknair
Mr. Jason Charles Webster
Mr. Vincent L. Marable III
Tina Brumbelow
Petitioner
Van Ness, Ronald
Mr. Jason Charles Webster
Tina Brumbelow
Ms. Heidi O. Vicknair
Mr. Vincent L. Marable III
Petitioner
Van Ness, Melissa
Tina Brumbelow
Ms. Heidi O. Vicknair
Mr. Jason Charles Webster
Mr. Vincent L. Marable III
Petitioner
Ault, Kristin
Mr. Russell G. Thornton
Respondent
ETMC First Physicians
Mr. Russell G. Thornton
Respondent
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