ETMC First Physicians and Kristin Ault, D.O. v. Melissa Van Ness, Indiv. and as Next Friend, an Heir at Law, and a Surviving Parent of Nicholas Van Ness, Ronald Van Ness, Individually, and as Next Friend Of, an Heir at Law, and a Surviving Parent of Nicholas Van Ness and Estate of Nicholas Van Ness ( 2015 )

1-ill COPY THE SUPREME COURT OF TEXAS Post Office Box 12248 Austin, Texas 78711 (512)463-1312 June 19,2015 FILED IN COURT OF APPEALS Ms. Janet Gates 12th Court of Appeals District Cherokee County District Clerk PO Drawer C J UN 2 9 2015 Rusk, TX 75785 RE: Case Number: 14-0353 TYLER TEXAS Court of Appeals Number: 12-12-00357-CV CATHY S. LUSK, CLERK Trial Court Number: 2011 -12-0993 Style: MELISSA VAN NESS, INDIVIDUALLY AND AS NEXT OF FRIEND, AN HEIR AT LAW, AND A SURVIVING PARENT OF NICHOLAS VAN NESS, RONALD VAN NESS, INDIVIDUALLY AND AS NEXT FRIEND OF, AN HEIR AT LAW, AND A SURVIVING PARENT OF NICHOLAS VAN NESS, AND ESTATE OF NICHOLAS VAN v. ETMC FIRST PHYSICIANS & KRISTIN AULT, D.O. Dear Counsel: The judgment of the Supreme Court of Texas is final in the above referenced cause and the enclosed mandate was issued today. Enclosed with the mandate is a certified copy of our cost bill showing charges and payments as reflected by the record for your use in settlement between the parties. Sincerely, Blake A. Hawthorne, Clerk by Monica Zamarripa, Deputy Clerk cc: Mr. Vincent L. Marable III (DELIVERED VIA E-MAIL) Mr. Russell G. Thornton (DELIVERED VIA E-MAIL) Ms. Cathy S. Lusk (DELIVERED VIA E-MAIL) COPY FILED IN COURT OF APPEAL! 12th Court of Appeals Pi3^:cI IN THE SUPREME COURT OF NO. 14-0353 f£ER CATHY S. LUSi< MELISSA VAN NESS, INDIVIDUALLY AND AS NEXT OF FRIEND, AN) AT LAW, AND A SURVIVING PARENT OF NICHOLAS VAN NESS, RONALD VAN NESS, INDIVIDUALLY AND AS NEXT FRIEND OF, AN HEIR AT LAW, AND A SURVIVING PARENT OF NICHOLAS VAN NESS, AND ESTATE OF NICHOLAS VAN, Petitioner v. ETMC FIRST PHYSICIANS & KRISTIN AULT, D.O., Respondent MANDATE To the Trial Court of Cherokee County, Greetings: Before our Supreme Court on April 24, 2015, the Cause, upon petition for review, to revise or reverse your Judgment. No. 14-0353 in the Supreme Court of Texas No. 12-12-00357-CV in the Twelfth Court of Appeals No. 2011-12-0993 in the 2nd District Court of Cherokee County, Texas, was determined; and therein our said Supreme Court entered its judgment or order in these words: THE SUPREME COURT OF TEXAS, having heard this cause on petition for review from the Court of Appeals for the Twelfth District, and having considered the appellate record and counsel's briefs, but without hearing oral argument under Texas Rule of Appellate Procedure 59.1, concludes that the court of appeals' judgment should be reversed. IT IS THEREFORE ORDERED, in accordance with the Court's opinion, that: 1) The judgment of the court of appeals is reversed; 2) The case is remanded for further proceedings consistent with this opinion; and Page 1 of 2 FILE COPY 3) Melissa Van Ness, Individually and as Next Friend of Nicholas Van Ness, Ronald Van Ness, Individually and as Next Friend of Nicholas Van Ness, and Estate of Nicholas Van Ness shall recover, and ETMC First Physicians and Kristin Ault, D.O. shall pay, the costs incurred in this Court and in the court of appeals. Copies of this Court's judgment and opinion are certified to the Court of Appeals for the Twelfth District and to the Second District Court of Cherokee County, Texas, for observance. Wherefore we command you to observe the order of our said Supreme Court in this behalf, and in all things to have recognized, obeyed, and executed. BY ORDER OF THE SUPREME COURT OF THE STATE OF TEXAS, with the seal thereof annexed, at the City of Austin, this the 19th day of June, 2015. Blake A. Hawthorne, Clerk By Monica Zamarripa, Deputy Clerk Page 2 of 2