McAllen Hospitals, L.P. d/b/a McAllen Medical v. Gomez
Feb 28, 2013OUTCOME: The 13th Court of Appeals affirmed the trial court's denial as to Appellee's fraudulent lien and declaratory judgment claims. The Appellate Court reversed the trial court's order as to Appellee's DTPA claim.
Appellant, McAllen Medical, filed a hospital lien against Appellee for services rendered to Appellee a year after Appellee was initially admitted to Starr County Memorial Hospital, alleging that his in ... itial admission within 72 hours after his car accident permitted them to file a hospital lien under Chapter 55 of the Property Code. Appellee sued Appellant in Hidalgo County Court at Law for: (1) filing a fraudulent lien in violation of Ch. 12 of the Texas Civil Practice & Remedies Code, (2) violating the Texas Deceptive Trade Practices Act and (3) seeking a declaratory judgment that the lien was invalid. Appellants filed a Motion to Dismiss all of Appellee's claims for failing to file an expert report pursuant to Ch. 74 of the Civil Practice & Remedies Code, which requires that a plaintiff file an expert report in cases deemed health care liability claims. Appellants appealed the trial court's denial to the 13th Court of Appeals.
