Supreme Court of Texas Blog

No. 21-0470
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COLLIN CREEK ASSISTED LIVING CENTER, INC. D/B/A/ DAYSPRING ASSISTED LIVING COMMUNITY v. CHRISTINE FABER, INDIVIDUALLY AND AS HEIR AT LAW OF CARMELINA “MILLIE” SMITH, DECEASED

Oral argument was held on October 5, 2022. The Court issued an opinion resolving the case on June 30, 2023. File Closed

Opinions

June 30, 2023

Busby
Hecht
Blacklock
Bland
Huddle
Young

Justice Busby delivered the opinion of the Court, in which Chief Justice Hecht, Justice Blacklock, Justice Bland, Justice Huddle, and Justice Young joined. PDF

Boyd
Lehrmann
Devine

Justice Boyd filed a dissenting opinion, in which Justice Lehrmann and Justice Devine joined.View Electronic Briefs | Oral Argument PDF

Young
Blacklock

Justice Young filed a concurring opinion, in which Justice Blacklock joined. PDF

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:05-18-00827-CV
Opinion Author:Honorable Kenneth H. Molberg

Trial Court

Trial Court:366th District Court
County:Collin
Trial Judge:Honorable Raymond Wheless
Trial Docket:366-02547-2015

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2023-08-11 Mandate issued  
2023-06-30 Opinion issued   Court of Appeals' judgment reversed in part, rendered in part, and remanded to trial court
2023-06-30 Concurring Opinion issued.   Issued
2023-06-30 Dissenting opinion issued.   Issued
2023-06-30 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between October 5, 2022 and June 30, 2023.  
2022-10-05 Oral argument  
2022-10-04 Notice from Counsel of a change in address  
2022-09-30 Submission Schedule
2022-09-27 Amicus Curiae Brief received  
2022-09-20 Oral Argument Submission Form from Attorney received  
2022-09-16 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between June 24, 2022 and September 16, 2022.  
2022-06-24 Case set for oral argument   Case set for oral argument
  This case was waiting for oral argument between April 1, 2022 and June 24, 2022.  
2022-04-01 Petition for Review disposed   Filing granted
2022-04-01 Petition for Review granted
2022-02-25 Call received  
2022-02-22 Reply Brief  
2022-02-04 Brief on the Merits (Respondent)  
2022-01-19 Brief on the Merits (Petitioner)  
2021-12-16 Motion for Extension of Time to File Brief filed  
2021-12-16 Motion for Extension of Time disposed.   Filing granted
2021-11-19 Brief on the Merits Requested  
2021-11-02 Reply to Response (Petitioner)  
2021-10-18 Response to Petition (Respondent)  
2021-09-17 Supreme Court of Texas Requested Response  
2021-08-17 Case forwarded to Court
2021-08-10 Response Waiver filed  
2021-07-19 Petition for Review (Petitioner)  
2021-06-07 Court reporter/recorder's record
2021-06-07 Clerk's Record
2021-06-07 Clerk's Record
2021-06-07 Motion for Extension of Time to File Petition for Review filed  
2021-06-07 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Faber, Christine
Farid Moghadassi
Ms. Heather Long
Mr. Rod Khavari
Mr. James David Walker
Respondent
Collin Creek Assisted Living Center, Inc.
Mr. Scott Benjamin Novak
Mr. Michael W. Blaise
Mr. Wallace B. Jefferson
Ms. Rachel Anne Ekery
Petitioner

Amici Curiae

Amicus Curiae Counsel
Texas Assisted Living Association
Ms. Elizabeth G. Bloch
American Seniors Housing Association
 
Argentum
 
LeadingAge Texas
 
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