Renaissance Medical Foundation v. Rebecca Lugo, Individually and as Next Friend of XXXXX XXXXX, a Minor

Opinion

NUMBER 13-22-00374-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

RENAISSANCE MEDICAL FOUNDATION, Appellant,

v.

REBECCA LUGO, INDIVIDUALLY AND AS NEXT FRIEND OF XXXXX XXXXX, A MINOR, Appellee.

On appeal from the 139th District Court of Hidalgo County, Texas.

ORDER

Before Chief Justice Contreras and Justices Benavides and Tijerina Order Per Curiam

On September 7, 2022, appellant Renaissance Medical Foundation (RMF) filed a

petition for permissive interlocutory appeal seeking to challenge the trial court’s denial of

its motion for summary judgment in a personal injury suit brought by appellee Rebecca

Lugo, individually and as next friend of her daughter. See TEX. R. APP. P. 28.3. The trial court granted permission for RMF to file an interlocutory appeal of the order, identifying

the following “controlling question of law”: “Whether a Texas Nonprofit Corporation can

be vicariously liable for the medical negligence of a physician employed by that

Corporation for the purpose of providing medical services to patients.” See TEX. CIV.

PRAC. & REM. CODE ANN. § 51.014(d). We denied the petition by memorandum opinion

and judgment dated September 22, 2022. Appellant has now filed an “Amended

Unopposed Motion for Rehearing” noting in part that the parties have stipulated that no

fact questions are at issue.

Having reviewed appellant’s motion, this Court is of the opinion that it is meritorious

and should be granted. 1 Accordingly, we hereby GRANT the “Amended Unopposed

Motion for Rehearing”; WITHDRAW our memorandum opinion and judgment of

September 22, 2022; and GRANT permission to appeal. A notice of appeal is deemed to

have been filed on this date. See TEX. R. APP. P. 28.3(k). The appeal will be governed by

the rules for accelerated appeals. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(f); TEX.

R. APP. P. 28.1. We direct the Clerk of the Court to file a copy of this order with the trial

court clerk. See TEX. R. APP. P. 28.3(k).

PER CURIAM

Delivered and filed on the 27th day of December, 2022.

1 In light of the parties’ agreement to seek a permissive appeal, we suspend the operation of Texas Rule of Appellate Procedure 49.2 on our own motion and grant the motion for rehearing without requesting a response. See TEX. R. APP. P. 2, 49.2. 2