Court of Appeals Sixth Appellate District of Texas JUDGMENT

Craig Sessions, M.D., P.A. and Craig Appeal from the 145th District Court of Sessions, M.D., Appellant Nacogdoches County, Texas (Tr. Ct. No. C1127428). Opinion delivered by Justice No. 06-13-00010-CV v. Moseley, Chief Justice Morriss and Justice Carter participating.

TH Healthcare, Ltd., d/b/a Nacogdoches Medical Center, Appellee

As stated in the Court’s opinion of this date, we find there was partial error in the judgment of the court below. Therefore, we affirm the trial court’s denial of Sessions’ motion for partial summary judgment, reverse the trial court’s grant of the Hospital’s motion for summary judgment, and remand to the trial court for proceedings consistent with this opinion.

We further order that the appellant and appellee shall each pay one half of all costs of appeal.

RENDERED AUGUST 28, 2013 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk