Holly Ridge Healthcare, P.A. and North Whiteville Urgent Care & Family Practice, P.A. v. United Biologics, LLC D/B/A United Allergy Services

• Court: Court of Appeals of Texas
• Decided: September 10, 2015
• Docket: 04-15-00563-CV
• Status: Published

Opinion

ACCEPTED 04-15-00563-CV E-FILED 04-15-00563-CV FOURTH COURT OF APPEALS Bexar County, CountySAN ANTONIO, TEXAS Clerk 2014CV02437 Gerard Rickhoff 9/10/2015 1:00:14 PM KEITH HOTTLE Accepted Date:8/24/2015 2:49:53 PM CLERK Accepted By: Leticia Silva CAUSE NO. 2014CV02437 Leticia Silva ______________________ Deputy Clerk

UNITED BIOLOGICS, LLC d/b/a § IN THE COUNTY COURT FILED IN UNITED ALLERGY SERVICES § 4th COURT OF APPEALS § SAN ANTONIO, TEXAS vs. § 09/10/2015 AT 1:00:14 PM 5 LAW NUMBER § KEITH E. HOTTLE HOLLY RIDGE UNITED § Clerk HEALTHCARE, P.A. § BEXAR COUNTY, TEXAS

DEFENDANT’S NOTICE OF RESTRICTED APPEAL OR, ALTERNATIVELY, NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Holly Ridge United Healthcare, P.A., Defendant, and files this its Notice

of Restricted Appeal or, Alternatively, Notice of Appeal to appeal the default judgment

signed on July 9, 2015. Defendant is affected by the judgment, but did not participate,

personally or through counsel, in the hearing that resulted in the judgment complained of.

Defendant did not file a motion for new trial, request for findings of fact or conclusions of

law, nor a notice of appeal within the time permitted. Defendant appeals to the Texas Court

of Appeals for the Fourth Judicial District.

Alternatively, in the event the Court determines that Defendant’s post-judgment filing

constitutes a motion for new trial, its deficiencies notwithstanding, Defendant Holly Ridge

United Healthcare, P.A. files this Notice of Appeal to the Texas Court of Appeals for the

Fourth Judicial District.

Defendant’s Notice of Restricted Appeal or, Alternatively, Notice of Appeal Page 1

Submit Date:8/21/2015 4:08:02 PM Respectfully submitted,

WILLIAM M. NICHOLS, P.C. Attorney for Defendant McAllister Plaza, suite 1250 9601 McAllister Freeway San Antonio, Texas 78216-5150 Telephone: (210) 340-8880 Facsimile: (210) 340-8885

By:/s/ William M. Nichols William M. Nichols State Bar No. 15006800

CERTIFICATE OF SERVICE

I, William M. Nichols, do certify that a true and correct copy of the foregoing pleading was sent by email to Mr. John P. Henry, Law offices of John Henry, P.C., 407 West Liberty Street, Round Rock, Texas 78664 (jhenry@henrylaw.com) on this 21st day of August

/s/ William M. Nichols William M. Nichols

Defendant’s Notice of Restricted Appeal or, Alternatively, Notice of Appeal Page 2