Court of Appeals Sixth Appellate District of Texas JUDGMENT

MSHC The Waterton at Cowhorn Creek, Appeal from the 5th District Court of LLC, Appellant Bowie County, Texas (Tr. Ct. No. 11C0131-005). Opinion delivered by Chief No. 06-12-00056-CV v. Justice Morriss, Justice Moseley and Justice Carter participating.

Donna Miller, Individually and as Representative of the Estate of Nellie Mae Jackson, Appellee

As stated in the Court’s opinion of this date, we find reversible error in part of the order of the court below. Therefore, we reverse the order of the trial court only to the extent it denied dismissal of Miller’s direct liability claims against The Waterton, and we render judgment dismissing those claims. In accordance with our opinion and except to the specific extent we reverse the order of the trial court, we sustain the trial court’s rulings relative to The Waterton’s motion to dismiss.

We further order that the costs of this appeal be equally split between Appellant and Appellee.

RENDERED DECEMBER 14, 2012 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk