Supreme Court of Texas Blog

No. 20-0694
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IN RE LCS SP, LLC D/B/A SIGNATURE POINTE SENIOR LIVING COMMUNITY, ASPECT LCS LEASING SP, LLC, AND LCS DALLAS OPERATIONS, LLC

Oral argument was held on December 1, 2021. The Court issued an opinion resolving the case on February 25, 2022. File Closed

Opinion

February 25, 2022

Bland
Hecht
Lehrmann
Boyd
Devine
Blacklock
Busby
Huddle
Young

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

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Grant
COA Docket No.:05-20-00497-CV
Opinion Author:Honorable William Norman Pedersen

Trial Court

Trial Court:162nd District Court
County:Dallas
Trial Judge:Honorable Maricela Moore
Trial Docket:DC-19-20274

Docket Entries

Date Event Outcome  
2022-03-31 Certified cys of cost bill sent to attys of record  
2022-02-25 Stay Order lifted  
2022-02-25 Opinion issued   Writ of Mandamus conditionally granted
  This case was awaiting the Court's decision after oral argument between December 1, 2021 and February 25, 2022.  
2021-12-01 Oral argument  
2021-11-30 Exhibits in case/cause filed (Relator)  
2021-11-24 Submission Schedule
2021-11-22 Letter sent to parties from Supreme Court - See Remarks  
2021-11-15 Oral Argument Submission Form from Attorney received  
2021-11-12 Oral Argument Submission Form from Attorney received  
2021-11-12 Oral Argument Submission Form from Attorney received  
2021-11-12 Miscellaneous motion disposed. See Remarks.   Filing granted
2021-11-04 Miscellaneous Motion  
2021-11-03 Amicus Curiae Brief received  
  This case was waiting for oral argument between September 3, 2021 and November 3, 2021.  
2021-09-03 Petition for Writ of Mandamus disposed Case set for oral argument
2021-09-03 Mandamus Set to Argue
2021-09-03 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between July 12, 2021 and September 3, 2021.  
2021-07-12 Relator's reply brief on the merits (Relator)  
2021-06-10 MET to file reply disposed of   Filing granted
2021-06-09 Motion for Extension of Time to File Brief filed  
2021-06-02 Amicus Curiae Brief received  
2021-05-27 Brief on the Merits (Real Parties in Interest)  
2021-04-27 Motion for Extension of Time to File Brief filed  
2021-04-27 Motion for Extension of Time disposed.   Filing granted
2021-04-07 Brief on the Merits (Relator)  
2021-03-23 Motion for Extension of Time to File Brief filed  
2021-03-23 Motion for Extension of Time disposed.   Filing granted
2021-02-22 Motion for Extension of Time disposed.   Filing granted
2021-02-22 Motion for Extension of Time to File Brief filed  
2021-01-22 Brief on the Merits Requested  
2020-12-09 Reply to Petition for Writ of Mandamus (Relator)  
2020-11-17 Letter Filed  
2020-11-16 Phone call from Clerk's Office  
2020-11-03 Amended Response to Petition for Review filed (Real Parties in Interest)  
2020-11-03 Call received  
2020-11-02 Response to Petition for Writ of Mandamus Filed (Real Parties in Interest)  
2020-11-02 Supplement to Clerk's/Reporter's Record  
2020-10-09 Supreme Court of Texas Requested Response  
2020-09-29 Amicus Curiae Brief received  
2020-09-18 Amicus Curiae Letter Received  
2020-09-14 Response Waiver filed  
2020-09-08 Motion to Stay Disposed   Filing granted
2020-09-08 Stay Order issued
2020-09-08 Case forwarded to Court
2020-09-04 Petition for Writ of Mandamus filed (Relator)  
2020-09-04 Motion to Stay Filed  
2020-09-04 Case Record Filed  

Parties

Party Counsel Role
LCS SP, LLC d/b/a Signature Pointe Senior Living Community, Aspect LCS Leasing SP, LLC; and LCS Dallas Operations, LLC
Mr. Sean Higgins
Ms. Nichol L. Bunn
Ms. Amber Rochelle Pickett
Relator
Kenneth Smith, on behalf of the Donna Stevens Smith
Mr. Paul J. Downey
Ms. Dawn M. Smith
Mr. Jacob N. Runyon
Mr. Curtis E. Clinesmith
Real Party In Interest

Amici Curiae

Amicus Curiae Counsel
State of Texas
The Honorable Warren Kenneth Paxton
Mr. Brent Webster
Mr. Judd E. Stone II
Mr. Evan S. Greene
Mr. Bill Davis
Texas Alliance for Patient Access
Ms. Jennie C. Knapp
LeadingAge Texas
Ms. Jennie C. Knapp
Texas Health Care Association
Ms. Jennie C. Knapp
Texas Medical Association
Ms. Jennie C. Knapp
Texas Hospital Association
Ms. Jennie C. Knapp
Texas Osteopathic Medical Association
Ms. Jennie C. Knapp
Bridgecrest Rehabilitation Suites
Ms. Lori D. Proctor
The Village at Richardson
Ms. Lori D. Proctor
Las Brisas Rehabilitation and Wellness Suites
Ms. Lori D. Proctor
Villa Haven Health and Rehabilitation Center
Ms. Lori D. Proctor
Alamo Heights Health and Rehabilitation Center
Ms. Lori D. Proctor
Monarch Pavilion Rehabilitation Suites
Ms. Lori D. Proctor
Sterling Oaks Rehabilitation
Ms. Lori D. Proctor
Crosbyton Nursing and Rehabilitation Center
Ms. Lori D. Proctor
Bremond Nursing and Rehabilitation Center
Ms. Lori D. Proctor
Los Arcos del Norte Care Center
Ms. Lori D. Proctor
Meadowbrook Care Center
Ms. Lori D. Proctor
Brownfield Rehabilitation and Care Center
Ms. Lori D. Proctor
SSC Levelland Operating Company, LLC
Ms. Lori D. Proctor
Cedar Pointe Health and Wellness Suites
Ms. Lori D. Proctor
Creekside Terrace Rehabilitation
Ms. Lori D. Proctor
Willow Springs Health and Rehabilitation Center
Ms. Lori D. Proctor
Las Ventanas de Socorro
Ms. Lori D. Proctor
Crimson Heights Health & Wellness
Ms. Lori D. Proctor
Hillside Heights Rehabilitation Suites
Ms. Lori D. Proctor
SSC Houston Southwest Operating Company, LLC
Ms. Lori D. Proctor
The Terrace at Denison
Ms. Lori D. Proctor
Cameron Health Care Center, LLC d/b/a Sedona Trace Health and Wellness
Ms. Arlene Wiese
Brownsville Long Term Care, LLC d/b/a The Hillcrest of North Dallas
Ms. Arlene Wiese
Care Inn of Edna, LLC d/b/a Edgewood Rehabilitation and Care Center
Ms. Arlene Wiese
Kirkland Court Health Care, LLC d/b/a Kirkland Court Health and Rehabilitation Center
Ms. Arlene Wiese
Bryant Irving Consulting, LLC d/b/a Mira Vista Court
Ms. Arlene Wiese
Retama Manor Del Rio, LLC d/b/a Falcon Ridge Rehabilitation Center
Ms. Arlene Wiese
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