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Holly Ridge Healthcare, P.A. v. United Biologics, LLC

Fourth Court of Appeals San Antonio, Texas
Jan 20, 2016
No. 04-15-00563-CV (Tex. App. Jan. 20, 2016)

Opinion

No. 04-15-00563-CV

01-20-2016

HOLLY RIDGE HEALTHCARE, P.A., and NORTH WHITEVILLE URGENT CARE & FAMILY PRACTICE, P.A., Appellants v. UNITED BIOLOGICS, LLC d/b/a United Allergy Services, Appellee


MEMORANDUM OPINION

From the County Court at Law No. 5, Bexar County, Texas
Trial Court Nos. 2014CV02437 & 2014CV02451
Honorable Jason W. Wolff, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice REVERSED AND REMANDED

To correct the listed parties and cause numbers in this appeal, we withdraw our December 23, 2015 opinion and judgment and substitute this opinion and judgment. In this appeal of default judgments, the parties filed a joint motion to reverse the trial court's judgments and remand the causes to the trial court for further proceedings. The parties jointly assert that service was fatally defective; we agree. See TEX. R. CIV. P. 108; Primate Const., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994); Indus. Models, Inc. v. SNF, Inc., No. 02-13-00281-CV, 2014 WL 3696104, at *4 (Tex. App.—Fort Worth July 24, 2014, no pet.) (mem. op.).

The parties' joint motion is granted; the trial court's judgments are reversed and these causes are remanded to the trial court for further proceedings. See TEX. R. APP. P. 42.1(a)(2), 43.2(d); Caballero v. Heart of Texas Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. 2001) (per curiam).

PER CURIAM


Summaries of

Holly Ridge Healthcare, P.A. v. United Biologics, LLC

Fourth Court of Appeals San Antonio, Texas
Jan 20, 2016
No. 04-15-00563-CV (Tex. App. Jan. 20, 2016)
Case details for

Holly Ridge Healthcare, P.A. v. United Biologics, LLC

Case Details

Full title:HOLLY RIDGE HEALTHCARE, P.A., and NORTH WHITEVILLE URGENT CARE & FAMILY…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jan 20, 2016

Citations

No. 04-15-00563-CV (Tex. App. Jan. 20, 2016)