New Law Blogs

Quiet orders; a helpful precedent for litigants who need emergency relief [Aug. 13, 2010]

By Don Cruse

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.¹

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.

and that

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.²

1. The petition had, however, filed a motion to extend time, opening a docket entry for the case.
2. 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.]

Full post as published by Supreme Court of Texas Blog on August 13, 2010 (boomark / email).