Supreme Court of Texas Blog

No. 16-0164
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BARBARA BATY v. OLGA FUTRELL, CRNA, AND COMPLETE ANESTHESIA CARE, P.C.

Oral argument was held on October 11, 2017. The Court issued an opinion resolving the case on February 2, 2018. It then denied rehearing on May 4, 2018 File Closed

Opinions

February 2, 2018

Lehrmann
Hecht
Green
Guzman
Boyd
Devine

Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Boyd, and Justice Devine joined. PDF

Johnson
Brown

Justice Johnson delivered a dissenting opinion, in which Justice Brown joined. PDF

 

Court of Appeals

Appellate District:10th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:10-13-00175-CV
Opinion Author:Honorable W. Stacy Trotter

Trial Court

Trial Court:40th District Court
County:Ellis
Trial Judge:Honorable Bob Carroll
Trial Docket:85552

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2018-05-04 Motion for Rehearing - Disposed Denied
2018-05-04 Mandate issued  
  This case was waiting for a decision about a pending motion for rehearing between March 6, 2018 and May 4, 2018.  
2018-03-06 Case forwarded to Court
2018-03-06 Motion for Rehearing  
2018-02-14 Motion for Extension of Time to File Motion for Rehearing  
2018-02-14 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2018-02-02 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2018-02-02 Dissenting opinion issued.   Issued
2018-02-02 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between October 11, 2017 and February 2, 2018.  
2017-10-11 Oral argument  
2017-09-06 Oral Argument Submission Form from Attorney received  
2017-08-23 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between June 30, 2017 and August 23, 2017.  
2017-06-30 Case set for oral argument   Case set for oral argument
  This case was waiting for oral argument between March 31, 2017 and June 30, 2017.  
2017-03-31 Petition for Review disposed   Filing granted
2017-03-31 Petition for Review granted
  This case was pending on merits briefs between December 20, 2016 and March 31, 2017.  
2016-12-20 Brief on the Merits (Respondent)  
2016-12-05 Motion for Extension of Time to File Brief filed  
2016-12-05 Motion for Extension of Time disposed.   Filing granted
2016-11-14 Motion for Extension of Time to File Brief filed  
2016-11-14 Motion for Extension of Time disposed.   Filing granted
2016-11-02 Brief on the Merits (Petitioner)  
2016-09-28 Motion for Extension of Time to File Brief filed  
2016-09-28 Motion for Extension of Time disposed.   Filing granted
2016-09-07 Case Record Filed  
2016-09-06 Record Requested in Petition for Review  
2016-09-02 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between June 27, 2016 and September 2, 2016.  
2016-06-27 Reply to Response (Petitioner)  
2016-06-13 Response to Petition (Respondent)  
2016-05-31 Motion for Extension of Time to File Response  
2016-05-31 Motion for Extension of Time to File Response disposed   Filing granted
2016-04-22 Motion for Extension of Time to File Response  
2016-04-22 Motion for Extension of Time to File Response disposed   Filing granted
2016-04-15 Supreme Court of Texas Requested Response  
2016-03-15 Case forwarded to Court
2016-03-11 Notice of Appearance  
2016-03-11 Response Waiver filed  
2016-03-07 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Baty, Barbarba
Mr. Wesley M. Hightower
Mr. Wesley Trevor Myers
Mr. Grant D. Blaies
 Petitioner
Complete Anesthesia Care, P.C.
Brett David Timmons
Ms. Michelle E. Robberson
 Respondent
Futrell, Olga
Mr. Winston L. Borum
 Respondent
 
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