Court of Civil Appeals of Texas, 2015

Brazos Presbyterian Homes, Inc. D/B/A the Hallmark v. August Schumacher Lander, as Independent of the Estate of Betty S. Lander

Brazos Presbyterian Homes, Inc. D/B/A the Hallmark v. August Schumacher Lander, as Independent of the Estate of Betty S. Lander
Court of Civil Appeals of Texas · Decided February 10, 2015

Brazos Presbyterian Homes, Inc. D/B/A the Hallmark v. August Schumacher Lander, as Independent of the Estate of Betty S. Lander

Opinion

Reversed and Remanded and Majority and Concurring Memorandum Opinions filed February 10, 2015.

In The Fourteenth Court of Appeals NO. 14-14-00478-CV BRAZOS PRESBYTERIAN HOMES, INC. D/B/A THE HALLMARK, Appellant V. AUGUST SCHUMACHER LANDER, AS INDEPENDENT EXECUTOR OF THE ESTATE OF BETTY S. LANDER, DECEASED, Appellee On Appeal from the 152nd District Court Harris County, Texas Trial Court Cause No. 2013-65993 CONCURRING MEMORANDUM OPINION I concur for the reasons set forth in Memorial Hermann Hospital System v. Galvan, 434 S.W.3d 176, 187 (Tex. App.—Houston [14th Dist.] 2014, pet. filed) (Boyce, J., concurring). This court’s disposition of the claims asserted against Brazos Presbyterian Homes, Inc. is dictated by Ross v. St. Luke’s Episcopal Hospital, No. 14-12-00885-CV, 2013 WL 1136613, at *1-2 (Tex. App.—Houston [14th Dist.] Mar. 19, 2013, pet. granted), and Galvan, 434 S.W.3d at 187. Pending the Texas Supreme Court’s forthcoming decision in Ross, this court is bound by its prior decisions regarding the reach of a “[h]ealth care liability claim” under Tex. Civ. Prac. & Rem. Code Ann §74.001(a)(13) (Vernon Supp. 2014).

/s/ William J. Boyce Justice

Panel consists of Justices Boyce, McCally, and Brown (McCally, J., majority).

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