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TEXAS DEPARTMENT OF STATE HEALTH SERVICES v. HOLMES

No. 03-08-00497-CV.

294 S.W.3d 328 (2009)

TEXAS DEPARTMENT OF STATE HEALTH SERVICES and David L. Lakey, M.D., Commissioner, Appellants v. Nancy HOLMES, CLHRP, CME, Appellee.

Court of Appeals of Texas, Austin.

July 31, 2009.

Attorney(s) appearing for the Case

Jennifer S. Riggs, Riggs Aleshire & Ray, PC, Austin, TX, for appellee.

Nancy K. Juren, Assistant Attorney General, General Litigation Division, Austin, Joyce Wein Iliya, Assistant Attorney General, Consumer Protection and Public Health Division, Dallas, for appellants.

Before Chief Justice JONES, Justices PURYEAR and HENSON.

OPINION

DIANE M. HENSON, Justice.

We grant the appellants' motion for rehearing, withdraw our opinion and judgment issued May 15, 2009, and substitute the following in its place.

The Texas Department of State Health Services and its Commissioner, David Lakey, (collectively, "DSHS") bring this interlocutory appeal from the trial court's order denying its plea to the jurisdiction and granting a temporary injunction in favor of appellee Nancy...

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