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NATIONAL COLLEGIATE ATHLETIC ASS'N v. YEO

No. 03-02-00775-CV.

114 S.W.3d 584 (2003)

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION; The University of Texas at Austin; and Patricia Ohlendorf, in her Official Capacity and in her Individual Capacity, Appellants, v. Joscelin YEO, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 13, 2003.

Attorney(s) appearing for the Case

John F. Morehead, Kevin S. Mullen, Asst. Attys. Gen., Austin, for UT & Ohlendorf.

Linda J. Salfrank, Jonathan F. Duncan, Spencer, Fane, Britt & Browne, LLP, Kansas City, MO, Jose E. de la Fuente, Haynes and Boone, LLP, W. Wade Porter, Allensworth and Porter, LLP, Austin, for NCAA.

Diane M. Henson, Henson Law Firm, Karl Bayer, Robert G. Hargrove and Karl Bayer, Austin, for appellee.

Before Justices KIDD, YEAKEL and PATTERSON.

OPINION

MACK KIDD, Justice.

To characterize this as a case presenting a unique fact pattern requiring a decision of first impression would be an understatement. Joscelin Yeo, a world-class swimmer who had competed in two Olympic games before participating in intercollegiate competition in this country, requested equitable relief against her school, The University of Texas at Austin ("UT-Austin")1

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