Bexar County Hospital District D.B.A. University Health System v. Theresa L. Espinoza

• Court: Court of Appeals of Texas
• Decided: March 12, 2015
• Docket: 04-15-00185-CV
• Status: Published

Opinion

LAUKA A. CAVAREITA M I BOAJID CERTIFIED, CIVIL APPELLATE LAW ^^^^^ _ ^kl ■ , V. 2I0-S88-2901 T1XAS IIOAKD ni HCAL SE'HTALlZAnOS F; 21O-SS8-290S Cavareita, Katdna & Francis, PL1.C onr~ .

March 12.2015 , Ul / ., r / Bexar County Clerk Bexar County Courthouse 300 Dolorosa San Antonio, Tx 78205

ATTN: Appeals/Clerk's Record

RE: Cause No. 385685; Theresa L Espinoza v Bexar County Hospital District d/b/a University Health System; In llie County Court at Law No. 10. Bexar County, Texas; BCHD # 2011 -26; Our File No. 3815-251

Dear Clerk:

On March 12, 2015, a Notice of Appeal was filed to perfect an interlocutory appeal of the Order denying Motion to Dismiss signed by Judge Karen Crouch on February 27. 2015. A copy of the Order which is the subject of the appeal is attached. This appeal is taken lo the Fourth Court of Appeals.

In connection with this appeal. I ask that you prepare a Clerk's Record to include the following documents (and all documents or exhibits attached thereto):

Plaintiffs Original Petition; Bexar County Hospital District d/b/a University Health System's Special Exceptions and Original Answer filed on May 24, 2013; Bexar County Hospital District d/b/a University Health System's Motion to Dismiss accepted for filing on November 14, 2014; Plaintiffs Response to Defendant's Motion to Dismiss filed on December 15. 2014; Plaintiffs 4590i Section 13.01 (g) Motion filed on December 18.2014; Order denying Motion to Dismiss signed on February 27, 201 5; Notice of Appeal; A copy of this Letter.

Please contact my office so that arrangements can be made for payment of any fees incurred in connection with the preparation and filing of the Clerk's Record. Should you have any questions, I can be reached at 210-588-2901. Thank you for your attention to this matter.

Sincerely. SCANNED kD Date. _. u Laura A. Cavaretla Initials:

xc: Ms. Karen McMurry (via e-mail) Rick Sarabia via fax 822-4595

One Riverwalk Place 700 N. St. Mary's St., Ste. 1500 San Antonio, Texas 78205 CAUSE NO 385685 2815FEB27 P« 2Jtf THERESA L. ESPINOZA § IN THE COUNTY

VS. § AT LAW NUMBER 10 § BEXAR COUNTY HOSPITAL DISTRICT § d/b/a UNI\'ERSITY HEALTH SYSTEM § BEXAR COUNTY, TEXAS

ORDER

On the 18th day of December. 2014 came on to be heard Defendant UNIVERSITY

HEALTH SYSTEM'S Motion to Dismiss. All parries appeared by and through their attorney of

record and the Court, after reviewing the pleadings and hearing argument of counsel is of the

opinion that Defendant's Motion to Dismiss should, in all tilings be denied.

IT IS THEREFORE ORDERED, .ADJUDGED .AND DECREED that the Motion to

Dismiss of Defendant, University Health System is hereby DENIED.

Signed this^ is^ ' day of fM. , 20]5

JUDGE PRESIDING

APPROVED AS TO FORM:

CAVARETTA, KATONA& FRANCIS, PLLC One Riverwalk Place 700 No. St. Mary's Street, Suite \ 500 San Antonio, Texas 78205 Telephone: (210)588-2901 Facsimile: (210)588-2908 E-Mail: francisr@ckf-lavi.com

7 L RICHARD NrFRSNCIS, .JR. State Bar No. 07359800 The Law Office of Ed Goldner, PC ] 616 San Pedro Ave. San Antonio, Texas 78212 Telephone: (210)923-1234 Facsimile: (210)785-2498

RiC State Bar