Supreme Court of Texas Blog

No. 17-0328
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TRACY WINDRUM, INDIVIDUALLY, AND ON BEHALF OF HER MINOR CHILDREN, B.W., J.W., AND H.W. v. VICTOR KAREH, M.D.

Oral argument was held on October 10, 2018. The Court issued an opinion resolving the case on January 25, 2019. It then denied rehearing on May 24, 2019 File Closed

Opinion

January 25, 2019

Green
Hecht
Guzman
Lehrmann
Boyd
Devine
Brown
Blacklock

Justice Green delivered the opinion of the Court, joined by Chief Justice Hecht, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Blacklock, and in which Justice Brown joined as to Parts I-III. PDF

 

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:01-14-00179-CV
Opinion Author:Honorable Evelyn Keyes

Trial Court

Trial Court:133rd District Court
Trial Judge:Honorable Jaclanel M. McFarland
Trial Docket:2012-07156

Docket Entries

Date Event Outcome  
2019-05-28 Mandate issued  
2019-05-24 Miscellaneous motion disposed. See Remarks.   Filing granted
2019-05-24 Court approved judgment sent to attorneys of record   Issued
2019-05-24 Judgment Withdrawn  
2019-05-24 Motion for Rehearing - Disposed   Dismissed
2019-05-06 Miscellaneous Motion  
2019-04-01 Motion for Extension of Time to File Response  
2019-04-01 Motion for Extension of Time to File Response disposed   Filing granted
2019-03-15 Supreme Court of Texas Requested Response  
2019-03-13 Motion for Rehearing  
2019-03-13 Case forwarded to Court
2019-02-07 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2019-02-07 Motion for Extension of Time to File Motion for Rehearing  
2019-01-25 Court approved judgment sent to attorneys of record   Issued
2019-01-25 Opinion issued   Court of Appeals' judgment reversed and remanded to Court of Appeals
  This case was awaiting the Court's decision after oral argument between November 30, 2018 and January 25, 2019.  
2018-11-30 Post submission brief filed (Petitioner)  
2018-10-24 Post submission brief filed (Respondent)  
2018-10-22 Amicus Curiae Brief received  
2018-10-15 Exhibits in case/cause filed (Respondent)  
2018-10-10 Oral argument  
2018-10-09 Exhibits in case/cause filed (Petitioner)  
2018-10-04 Notice of Appearance  
2018-09-10 Oral Argument Submission Form from Attorney received  
2018-09-10 Oral Argument Submission Form from Attorney received  
2018-08-06 Notice of change of counsel  
2018-06-29 Case set for oral argument   Case set for oral argument
2018-06-01 Petition for Review granted
2018-06-01 Petition for Review disposed   Filing granted
  This case was pending on merits briefs between April 2, 2018 and June 1, 2018.  
2018-04-02 Reply Brief (Petitioner)  
2018-03-01 Motion for Extension of Time to File Brief filed  
2018-03-01 Motion for Extension of Time disposed.   Filing granted
2018-02-15 Brief on the Merits (Respondent)  
2018-02-07 Motion for Extension of Time to File Brief filed  
2018-02-07 Motion for Extension of Time disposed.   Filing granted
2018-01-04 Motion for Extension of Time to File Brief filed  
2018-01-04 Motion for Extension of Time disposed.   Filing granted
2017-12-20 Brief on the Merits (Petitioner)  
2017-11-17 Motion for Extension of Time to File Brief filed  
2017-11-17 Motion for Extension of Time disposed.   Filing granted
2017-10-27 Case Record Filed  
2017-10-23 Record Requested in Petition for Review  
2017-10-20 Brief on the Merits Requested  
2017-10-13 Letter Filed  
2017-10-06 Additional citations received. (Petitioner)  
2017-09-26 Reply to Response (Petitioner)  
2017-09-08 Response to Petition (Respondent)  
2017-09-05 Motion for Extension of Time to File Response  
2017-09-05 Motion for Extension of Time disposed.   Filing granted
2017-08-04 Supreme Court of Texas Requested Response  
2017-07-05 Case forwarded to Court
2017-05-31 Petition for Review (Petitioner)  
2017-04-28 Motion for Extension of Time to File Petition for Review filed  
2017-04-28 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Tracy Windrum, Individually, as representative of the Estate of Lancer Windrum, and on behalf of her minor children B. W., J. W. and H. W.
Mr. Wade Hoyt Whilden Jr.
Mr. Stephen McBride Loftin
Mr. Warren W. Harris
Mr. J. Stephen Barrick
Petitioner
Kareh, M.D., Victor
Mr. Sean Higgins
Mr. Thomas R. Phillips
Ms. Barbara A. Hilburn
Respondent

Amicus Curiae

Amicus Curiae Counsel
Texas Medical Association
Mr. Srinivas Behara
Mr. Donald P. Wilcox
Ms. Kelly M. Walla
 
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