Renaissance Medical Foundation v. Rebecca Lugo, Individually and as Next Friend of XXXXX XXXXX, a Minor ( 2022 )

NUMBER 13-22-00374-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
RENAISSANCE MEDICAL FOUNDATION, Appellant,
v.
REBECCA LUGO, INDIVIDUALLY AND AS
NEXT FRIEND OF XXXXX XXXXX, A MINOR, Appellee.
On appeal from the 139th District Court
of Hidalgo County, Texas.
ORDER
Before Chief Justice Contreras and Justices Benavides and Tijerina
Order Per Curiam
On September 7, 2022, appellant Renaissance Medical Foundation (RMF) filed a
petition for permissive interlocutory appeal seeking to challenge the trial court’s denial of
its motion for summary judgment in a personal injury suit brought by appellee Rebecca
Lugo, individually and as next friend of her daughter. See TEX. R. APP. P. 28.3. The trial
court granted permission for RMF to file an interlocutory appeal of the order, identifying
the following “controlling question of law”: “Whether a Texas Nonprofit Corporation can
be vicariously liable for the medical negligence of a physician employed by that
Corporation for the purpose of providing medical services to patients.” See TEX. CIV.
PRAC. & REM. CODE ANN. § 51.014(d). We denied the petition by memorandum opinion
and judgment dated September 22, 2022. Appellant has now filed an “Amended
Unopposed Motion for Rehearing” noting in part that the parties have stipulated that no
fact questions are at issue.
Having reviewed appellant’s motion, this Court is of the opinion that it is meritorious
and should be granted. 1 Accordingly, we hereby GRANT the “Amended Unopposed
Motion for Rehearing”; WITHDRAW our memorandum opinion and judgment of
September 22, 2022; and GRANT permission to appeal. A notice of appeal is deemed to
have been filed on this date. See TEX. R. APP. P. 28.3(k). The appeal will be governed by
the rules for accelerated appeals. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(f); TEX.
R. APP. P. 28.1. We direct the Clerk of the Court to file a copy of this order with the trial
court clerk. See TEX. R. APP. P. 28.3(k).
PER CURIAM
Delivered and filed on the
27th day of December, 2022.
1 In light of the parties’ agreement to seek a permissive appeal, we suspend the operation of Texas
Rule of Appellate Procedure 49.2 on our own motion and grant the motion for rehearing without requesting
a response. See TEX. R. APP. P. 2, 49.2.
2