THN Physicians Association D/B/A El Paso Perinatology and Frederick E. Harlass, M. D. v. Mario A. Tiscareno and Michelle R. Tiscareno, Individually and as Next Friends for A. R. T., a Minor

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS THN PHYSICIANS ASSOCIATION § D/B/A EL PASO PERINATOLOGY AND No. 08-15-00321-CV FREDERICK E. HARLASS, M.D., § Appeal from the Appellants, § 448th District Court v. § of El Paso County, Texas MARIO A. TISCARENO AND § MICHELLE R. TISCARENO, (TC# 2014-DCV-2484) INDIVIDUALLY AND AS NEXT § FRIENDS FOR A.R.T., A MINOR,

Appellees.

JUDGMENT

The Court has considered this cause on the record and concludes there was no error in

that part of the trial court’s order denying the motion to dismiss with regard to the claims

concerning Appellee Michelle R. Tiscareno’s injuries. We therefore affirm that part of the trial

court’s order. We conclude there was error in that part of the trial court’s order denying the

motion to dismiss with regard to the claims concerning Appellee A.R.T.’s injuries. We therefore

reverse that part of the trial court’s order and remand to the trial court for further proceedings in

accordance with our opinion.

We further order that each party bear their own appellate costs, for which let execution

issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 17TH DAY OF AUGUST, 2016.

STEVEN L. HUGHES, Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.