Brownsville Clinic for Women, P.A. v. Columbia Valley Healthcare System, LP D/B/A Valley Regional Medical Center

• Court: Court of Appeals of Texas
• Decided: May 4, 2006
• Docket: 13-05-00537-CV
• Status: Published

Opinion

                             NUMBER 13-05-537-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

___________________________________________________________________

BROWNSVILLE CLINIC FOR WOMAN, P.A.,                  Appellant,

                                           v.

COLUMBIA VALLEY HEALTHCARE SYSTEM, L.P.

D/B/A VALLEY REGIONAL MEDICAL CENTER,                Appellee.

___________________________________________________________________

                  On appeal from the 107th District Court

                          of Cameron County, Texas.

___________________________________________________________________

                     MEMORANDUM OPINION

  Before Chief Justice Valdez and Justices Rodriguez and Castillo

                             Memorandum Opinion Per Curiam

Appellant, BROWNSVILLE CLINIC FOR WOMAN, P.A., perfected an appeal from a judgment entered by the 107th District Court of Cameron County, Texas, in cause number 2004-07-3822-A.   After the record and appellant=s brief were filed, appellee filed an agreed motion to reverse and remand.  In the motion, appellee states that, after reviewing the issues and the cases, it agrees that there appears to be error on the face of the trial court=s default judgment because the return of citation by an authorized person was not verified pursuant to Tex. R. Civ. P. 107.  Appellee requests that this Court reverse the default judgment entered on February 7, 2005, and remand this case to the trial court for further proceedings.

The Court, having examined and fully considered the documents on file and  appellee=s agreed motion, is of the opinion that the motion should be granted.  Appellee=s agreed motion is granted, and the judgment of the trial court is hereby REVERSED, and the cause is REMANDED to the trial court for further proceedings.       

PER CURIAM

Memorandum Opinion delivered and filed this

the 4th day of May, 2006.