Supreme Court

Case: 14-0353    
14-0353
05/07/2014
Petition for Review/Cause under Rule 53.1
MELISSA VAN NESS, INDIVIDUALLY AND AS NEXT OF FRIEND, AN HEIR AT LAW, AND A SURVIVING PARENT OF NICHOLAS VAN NESS, RONALD VAN NESS, INDIVIDUALLY AND AS NEXT FRIEND OF, AN HEIR AT LAW, AND A SURVIVING PARENT OF NICHOLAS VAN NESS, AND ESTATE OF NICHOLAS VAN 
ETMC FIRST PHYSICIANS & KRISTIN AULT, D.O. 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
05/08/2015Motion for RehearingRespondent's Motion for Rehearing of Cause filedMotion for Rehearing filed on behalf of Respondent ETMC First Physicians, et al.
12/09/2014Reply BriefPetitionerReply Brief on the Merits filed on behalf of Melissa Van Ness, et al.
11/24/2014Brief on the MeritsRespondentRespondents' Brief on the Merits. On behalf of ETMC First Physicians and Kristin Ault, D.O.
11/03/2014Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Melissa Van Ness, et al.
09/18/2014Reply to ResponsePetitionerReply in support of Petition for Review. On behalf of Melissa Van Ness, et al.
08/25/2014Response to PetitionRespondentResponse to Petition for Review filed on behalf of ETMC First Physicians, et al.
06/16/2014Petition for ReviewPetitionerPetition for Review filed on behalf of Melissa Van Ness, et al.
Case Events
DateEvent TypeDispositionRemarksDocument
07/30/2015Case Stored e-stored
06/19/2015Mandate issued Mandate & Cost Bill Issued
06/19/2015Motion for Rehearing - DisposedDenied 
05/08/2015Case forwarded to Court  
05/08/2015Motion for Rehearing Motion for Rehearing filed on behalf of Respondent ETMC First Physicians, et al.
04/24/2015Court approved judgment sent to attorneys of recordIssued 
04/24/2015Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial courtPursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. Per Curiam Opinion
(4/24/2015 4:21:17 PM) 140353.pdf, 14-0353.jmt.pdf
04/24/2015Petition for Review disposedPetition granted pursuant to TRAP 59.1 
04/24/2015Petition for Review granted under TRAP 59.1  
02/18/2015Notice from Counsel of a change in address Notice of Change of Address of Attorney Russell G. Thornton.
12/09/2014Reply Brief Reply Brief on the Merits filed on behalf of Melissa Van Ness, et al.
11/24/2014Brief on the Merits Respondents' Brief on the Merits. On behalf of ETMC First Physicians and Kristin Ault, D.O.
11/03/2014Brief on the Merits Petitioner's Brief on the Merits filed on behalf of Melissa Van Ness, et al.
10/06/2014Case Record Filed  Electronic Appellate Record received.
10/06/2014Record Requested in Case Record requested from the 12th COA
10/03/2014Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief due no later than November 3, 2014; Response brief due November 24, 2014; Reply brief due December 9, 2014.
09/18/2014Reply to Response Reply in support of Petition for Review. On behalf of Melissa Van Ness, et al.
09/11/2014MET to file reply disposed ofFiling grantedUnopposed Motion for Extension of Time to file Reply in Support of Petition for Review is Granted. Further requests for extensions of time will be disfavored. Reply is due September 18, 2014.
09/11/2014Motion to Extend Time to File Reply filed Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Melissa Van Ness.
08/25/2014Response to Petition Response to Petition for Review filed on behalf of ETMC First Physicians, et al.
07/25/2014Supreme Court of Texas Requested Response  
06/24/2014Case forwarded to Court  
06/23/2014Response Waiver filed Response Waiver filed on behalf of ETMC First Physicians, et al.
06/16/2014Petition for Review Petition for Review filed on behalf of Melissa Van Ness, et al.
05/07/2014Motion for Extension of Time to File Petition for Review disposedFiling grantedUnopposed Motion for Extension of Time to file Petition for Review is Granted. Petition for Review is due June 16, 2014.
05/07/2014Motion for Extension of Time to File Petition for Review filed Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Melissa Van Ness, et al.
Calendars
Set DateCalendar TypeReason SetRemarks
07/30/2015Case StoredCase stored.e-stored
Parties
PartyPartyTypeRepresentative
Estate of Nicholas Van NessPetitionerMs. Heidi O. Vicknair
Mr. Jason C. Webster
Mr. Vincent L. Marable III
Tina Brumbelow
Van Ness, RonaldPetitionerMr. Jason C. Webster
Tina Brumbelow
Ms. Heidi O. Vicknair
Mr. Vincent L. Marable III
Van Ness, MelissaPetitionerTina Brumbelow
Ms. Heidi O. Vicknair
Mr. Jason C. Webster
Mr. Vincent L. Marable III
Ault, KristinRespondentMr. Russell G. Thornton
ETMC First PhysiciansRespondentMr. Russell G. Thornton
Court of Appeals Information:
Reverse & Remand 
461 SW3d 152, 03-31-14 
12th Court of Appeals 
Honorable Brian Hoyle 
Trial Court Information
2nd District Court 
Cherokee 
Honorable Dwight L. Phifer 
2011-12-0993 
 
 

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