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CERTIFIED EMS, INC. v. POTTS

No. 01-10-00106-CV.

355 S.W.3d 683 (2011)

CERTIFIED EMS, INC. d/b/a CPnS Staffing, Appellant, v. Cherie POTTS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

May 19, 2011.

Attorney(s) appearing for the Case

Debra Ibarra Mayfield , Nathan Montgomery Rymer , Rymer, Moore, Jackson & Echols, P.C., Erin E. Lunceford , Sprott, Rigby, Newsom, Robbins, Lunceford, Les Hardin, Houston, for Appellant.

John T. McDowell , Clinton E. Wells , McDowell Wells, L.L.P., Houston, Vincent L. Marable, III , Paul Webb, P.C., Wharton, for Appellee.

Panel consists of Justices JENNINGS, ALCALA, and SHARP.

OPINION ON REHEARING

ELSA ALCALA, Justice.

In this interlocutory appeal, appellant, Certified EMS, Inc. d/b/a/ CPnS Staffing ("Certified EMS"), challenges the trial court's order denying its motion to dismiss the health care liability claim of appellee, Cherie Potts. Certified EMS has filed a motion for en banc reconsideration, and Potts has filed a response to that motion. We construe Certified EMS's motion as both a motion for rehearing and a motion for...

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