Supreme Court of Texas Blog

No. 17-0462
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Oral argument was held on March 1, 2018. The Court issued an opinion resolving the case on June 8, 2018. It then denied rehearing on October 19, 2018 File Closed


June 8, 2018


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


Justice Johnson delivered a dissenting opinion, in which Justice Boyd joined.View Electronic Briefs | Oral Argument | Video PDF


Court of Appeals

Appellate District:8th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:08-16-00120-CV
Opinion Author:Honorable Gina M. Palafox

Trial Court

Trial Court:205th District Court
Trial Judge:Honorable Francisco Dominguez
Trial Docket:2013DCV3496

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2018-10-19 Motion for Rehearing - Disposed Denied
2018-10-19 Mandate issued  
  This case was waiting for a decision about a pending motion for rehearing between July 20, 2018 and October 19, 2018.  
2018-07-20 Amicus Curiae Brief received  
2018-06-18 Motion for Rehearing  
2018-06-18 Case forwarded to Court
2018-06-08 Dissenting opinion issued.   Issued
2018-06-08 Court approved judgment sent to attorneys of record Issued
2018-06-08 Opinion issued   Court of appeals' judgment affirmed
2018-05-24 Amicus Curiae Letter Received  
2018-05-21 Reply to Amicus Curiae Brief (Respondent)  
2018-05-18 Response to Amicus Curiae Brief filed (Petitioner)  
2018-05-16 Amicus Curiae Letter Received  
  This case was awaiting the Court's decision after oral argument between March 1, 2018 and May 16, 2018.  
2018-03-01 Oral argument  
2018-03-01 Submission Schedule
2018-03-01 Post submission brief filed (Respondent)  
2018-02-27 Exhibits in case/cause filed (Petitioner)  
2018-02-23 Amicus Curiae Letter Received  
2018-02-22 Amicus Curiae Letter Received  
2018-02-09 Oral Argument Submission Form from Attorney received  
2018-02-06 Oral Argument Submission Form from Attorney received  
2018-01-19 Amicus Curiae Brief received  
2018-01-19 Petition for Review disposed Filing granted
2018-01-19 Petition for Review granted
2018-01-19 Case set for oral argument   Case set for oral argument
2017-12-19 Reply Brief (Petitioner)  
2017-12-04 Brief on the Merits (Respondent)  
2017-11-14 Call received  
2017-11-14 Amended Brief filed (Petitioner)  
2017-11-13 Brief on the Merits (Petitioner)  
2017-10-05 Case Record Filed  
2017-09-27 Motion for Extension of Time to File Brief filed  
2017-09-27 Motion for Extension of Time disposed.   Filing granted
2017-09-22 Brief on the Merits Requested  
2017-09-22 Record Requested in Petition for Review  
2017-08-24 Reply to Response (Petitioner)  
2017-08-10 Response to Petition (Respondent)  
2017-07-21 Supreme Court of Texas Requested Response  
2017-06-20 Case forwarded to Court
2017-06-16 Response Waiver filed  
2017-06-12 Petition for Review (Petitioner)  


Party Counsel Role
James Wedel and Michelle Wedel
Mr. G. Alan Waldrop
Mr. Ryan D. Greene
Mr. Jason M. Medina
Mr. Kevin T. Glasheen
Mr. Paul M. Terrill III
Wausau Underwriters Insurance Company
Mr. Jeffrey C. Glass
Mr. David L. Plaut

Amici Curiae

Amicus Curiae Counsel
Texas Mutual Insurance Company
Ms. Mary A. Keeney
Ms. Jackie M. Kenyon
Ms. Mary Barrow Nichols
Exxon Mobil Corporation
Mr. David M. Gunn
Insurance Company of the State of Pennsylvania
Mr. Loren R. Smith
Texas Trial Lawyers Association
Mr. Peter M. Kelly
Mr. Glenn W. Cunningham
National Council on Compensation Insurance
Mr. Robert F. Johnson III
Ms. Kimberly A. Yelkin