McALLEN MEDICAL CENTER, INC. v. CORTEZ

No. 13-99-380-CV.

17 S.W.3d 305 (2000)

McALLEN MEDICAL CENTER, INC., Appellant, v. Ramiro CORTEZ, Jr. and that Class of All Persons who Underwent Cardiac Surgery at McAllen Medical Center from December 1, 1993 through May 21, 1999, Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled May 25, 2000.


Attorney(s) appearing for the Case

Roger W. Hughes, Ferriel C. Hamby, Jr., Patricia Kelly, Adams & Graham, Harlingen, for appellant.

Michael A. Caddell, Cynthia B. Chapman, Joe Phillips, Caddell & Chapman, Houston, Ezequiel Reyna, Jr., Law Office of Ezequiel Reyna, Jr., Weslaco, Mark A. Cantu, Law Office of Mark A. Cantu, McAllen, Juan Rocha, Jr., Herrera, Vega & Rocha, San Antonio, for appellees.

Donald P. Wilcox, Cecil Jay Francisco, Matthew T. Wall, Austin, for Amicus Curiae.

Before: Justices HINOJOSA, YAÑEZ, and RODRIGUEZ.


OPINION

YAÑEZ, Justice.

This is an interlocutory appeal from an order preliminarily certifying a settlement class and approving a proposed settlement of claims against a settling defendant in a class action. Plaintiff/Appellee Ramiro Cortez, Jr. represents a class of all persons who underwent cardiac surgery at McAllen Medical Center, Inc. (MMC) from December 1, 1993 until May 21, 1999. MMC, a non-settling defendant, appeals, claiming the trial court...

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