Supreme Court of Texas Blog

No. 22-0835
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KRISTY MARSILLO, D.O. v. ROBIN DUNNICK, INDIVIDUALLY, AND AS NEXT FRIEND TO RAYNEE DUNNICK, AND DANA DUNNICK

Oral argument was held on October 5, 2023. The Court issued an opinion resolving the case on January 12, 2024. File Closed

Opinion

January 12, 2024

Hecht
Lehrmann
Boyd
Devine
Blacklock
Busby
Bland
Huddle
Young

The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Hecht delivered the opinion of the Court.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:03-21-00296-CV
Opinion Author:Honorable Chari Kelly

Trial Court

Trial Court:201st District Court
County:Travis
Trial Judge:Honorable Dustin Mark Howell
Trial Docket:D-1-GN-19-007132

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2024-02-23 Mandate issued  
2024-01-12 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
2024-01-12 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between October 5, 2023 and January 12, 2024.  
2023-10-05 Oral argument  
2023-10-04 Exhibits in case/cause filed (Respondent)  
2023-10-02 Submission Schedule
2023-09-29 Call received  
2023-08-28 Oral Argument Submission Form from Attorney received  
2023-08-18 Oral Argument Submission Form from Attorney received  
2023-06-30 Letter Filed  
2023-06-30 Case set for oral argument   Case set for oral argument
2023-06-23 Petition for Review disposed   Filing granted
2023-06-23 Petition for Review granted
2023-05-19 Fully hyperlinked brief filed (Petitioner)  
2023-05-16 Reply Brief (Petitioner)  
2023-04-21 Response to Amicus Curiae Brief filed (Respondent)  
2023-04-21 Brief on the Merits (Respondent)  
2023-04-19 Fully hyperlinked brief filed (Petitioner)  
2023-04-10 Brief on the Merits (Petitioner)  
2023-03-10 Brief on the Merits Requested  
2023-02-23 Amicus Curiae Brief received  
2023-02-15 Call received  
2023-02-15 Fully hyperlinked brief filed (Petitioner)  
2023-02-14 Reply to Response (Petitioner)  
2023-01-30 Response to Petition (Respondent)  
2022-12-30 Supreme Court of Texas Requested Response  
2022-12-22 Amicus Curiae Brief received  
2022-11-29 Case forwarded to Court
2022-11-28 Response Waiver filed  
2022-11-18 Fully hyperlinked brief filed (Petitioner)  
2022-11-17 Call received  
2022-11-16 Petition for Review (Petitioner)  
2022-11-02 Call received  
2022-09-23 Motion for Extension of Time to File Petition for Review disposed   Filing granted in part
2022-09-23 Court reporter/recorder's record
2022-09-23 Clerk's Record
2022-09-23 Supplement to Clerk's/Reporter's Record
2022-09-23 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
State of Texas
Mr. Kyle D. Highful
Other Interested Party
Marsillo, Kristy
Mr. Mark Alan Keene
Mr. David M. Walsh IV
Petitioner
Dunnick, Dana
Mr. Todd Turner
Respondent
Robin Dunnick, Individually, and as Next Friend to Raynee Dunnick
Mr. Todd Turner
Respondent

Amici Curiae

Amicus Curiae Counsel
American College of Emergency Physicians
Mr. Brian Gregory Jackson
Texas College of Emergency Physicians
Mr. Brian Gregory Jackson
Texas Hospital Association
Mr. R. Brent Cooper
Benjamin Passey
Texas Osteopathic Medical Association
Mr. R. Brent Cooper
Benjamin Passey
Texas Medical Association
Mr. R. Brent Cooper
Benjamin Passey
Texas Alliance for Patient Access
Mr. R. Brent Cooper
Benjamin Passey
...
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