11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT

Memorial Park Medical Center, Inc., * From the 35th District Court of Brown County, Trial Court No. CV0904121 Vs. No. 11-11-00159-CV * June 27, 2013 John Green, * Memorandum Opinion by Wright, C.J. (Panel consists of: Wright, C.J., McCall, J., and Willson, J.)

This court has inspected the record in this cause and concludes that there is error in the judgment below. Therefore, in accordance with this court=s opinion, the judgment of the trial court is affirmed in part and, conditioned on remittitur, modified in part. We suggest a remittitur in the amount of $700. If the remittitur is not filed by July 17, 2013, the trial court’s judgment will be reversed, and the cause will be remanded to the trial court for a new trial. The costs incurred by reason of this appeal are taxed against Memorial Park.