Efren Avila v. Lone Star Radiology, Bob Kubicki, Dr. Kenneth Lustik, Family Care Pharmacy, Derrick Ford, and Karen Powell

• Court: Court of Appeals of Texas
• Decided: December 14, 2005
• Docket: 10-04-00021-CV
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-04-00021-CV

Efren Avila,

                                                                      Appellant

 v.

LONE STAR RADIOLOGY, bOB KUBICKI,

DR. KENNETH LUSTIK, FAMILY CARE

PHARMACY, DERRICK FORD,

AND KAREN POWELL,

                                                                      Appellees

From the 13th District Court

Navarro County, Texas

Trial Court No. 03-00-12821-CV

ORDER

          This is an appeal involving an interpleader action between Efren Avila and several medical providers among whom the trial court divided settlement proceeds.  Avila appealed because the trial court declined to award him attorney’s fees from those settlement proceeds.  A majority of this Court concluded that the trial court abused its discretion by failing to award Avila reasonable attorney’s fees and remanded this cause to the trial court for further proceedings.  Avila v. Christopher, No. 10-04-00021-CV, 2005 Tex. App. LEXIS 5038 (Tex. App.—Waco June 29, 2005, no pet.) (not designated for publication).

          The judgment of this Court ordered that “Appellees Andy Christopher, Daniel Alan Christopher, and B.G. Williams d/b/a Williams Asphalt pay costs of appeal.”  This judgment suffers from a clerical error, as does the style of the case under which the opinion and judgment issued.[1]  Therefore, we will issue a corrected opinion and judgment to cure these clerical errors.  See Tex. R. App. P. 19.3(a).

          The mandate issued by the Clerk of this Court in this cause on October 21, 2005 likewise orders that “Appellees Andy Christopher, Daniel Alan Christopher, and B.G. Williams d/b/a Williams Asphalt pay costs of appeal.”  The mandate dated October 21, 2005 is recalled, and the Clerk will issue another in substitution therefor.  Id. 18.7.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissenting)

Order issued and filed December 14, 2005

Do not publish

[CV06]

---

[1]           Counsel for the Christophers, who settled with Avila, notified the Clerk of this Court of this clerical error by letter.