It was another fairly quiet summer orders list, with no opinions issued or new cases granted review.
The Texas Supreme Court can issue emergency relief even without the filing of a petition for review
There was one interesting order for those of you in the emergency-stay business. In The University of Texas Southwestern Medical Center at Dallas v. Larry M. Gentilello, M.D., No. 10-0582 (DDB), the Petitioner sought an emergency stay — and requested one without having first filed a petition for review. (( The petition had, however, filed a motion to extend time, opening a docket entry for the case. ))
The Respondent objected, arguing (PDF) that
the rules do not contemplate that any proceeding exists here until a party has filed a Petition for Review.
A motion for extension of time to file a Petition for Review gives this Court nothing to review, and therefore, cannot initiate the proceeding that must exist before this Court may grant emergency relief.
With today’s order, the Texas Supreme Court implicitly disagreed. It granted the requested emergency relief and set a deadline to receive the formal petition for review. (( The notation from the orders list:
emergency motion to enforce statutory stay and vacate court of appeals’ order granted in part
stay order issued
[Note: The petition for review is due to be filed on or before September 22, 2010.]
2 responses so far ↓
1 D. Todd Smith // Aug 15, 2010 at 8:33 pm
Interesting. I wish the Court would post these kinds of orders (i.e., those involving something more than a routine MET grant) with the electronic copies of the motion and response.
2 Don Cruse // Aug 15, 2010 at 8:43 pm
I hear you. The new briefing rules should help with that, when they require PDFs to be filed.
For this case, that rule was followed, and you can read the motion and response on the Court’s electronic briefing page (or the DocketDB page for this case).