First Health Strategies (TPA), Inc. and First Health Benefits Administrators Corp.; U.S. Security Associates, Inc. and U.S. Security Employee Benefit Plan v. Hermann Hospital--Appeal from 61st District Court of Harris County

Reversed and Remanded and Memorandum Opinion filed August 28, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00292-CV

____________

FIRST HEALTH STRATEGIES (TPA), INC., FIRST HEALTH BENEFITS ADMINISTRATORS CORP., U.S. SECURITY ASSOCIATES, INC., and U.S. SECURITY EMPLOYEE BENEFIT PLAN, Appellants

V.

HERMANN HOSPITAL, Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 97-45953

M E M O R A N D U M O P I N I O N

This is an appeal from a second amended judgment signed March 5, 2003. On June 19, 2003, the parties filed a joint motion to reverse the judgment and render judgment that appellee Hermann Hospital take nothing against appellants U.S. Security Associates, Inc., U.S. Security Employee Benefit Plan, First Health Strategies (TPA), Inc., and First Health Benefits Administrators Corp. See Tex. R. App. P. 42.1. The motion is granted.

By separate order filed this date, the cause of Steve Rodriguez against U.S. Security Associates, Inc., was severed from this cause and filed under a new appellate case number, 14-03-00292-CV, styled Steve Rodriguez v. U.S. Security Associates, Inc. That portion of the trial court=s second amended judgment signed March 5, 2003, is undisturbed by this opinion and judgment, and the new appeal filed under our number 14-03-00892-CV remains an active appeal.

Accordingly, the second amended final judgment in favor of Hermann Hospital is reversed, and the cause of Hermann Hospital against First Health Strategies, (TPA), Inc., First Health Benefits Administrators Corp., U.S. Security Associates, Inc., and U.S. Security Employee Benefit Plan is remanded to the trial court for severance, if necessary, and entry of judgment that Hermann Hospital take nothing against appellants U.S. Security Associates, Inc., U.S. Security Employee Benefit Plan, First Health Strategies (TPA), Inc., and First Health Benefits Administrators Corp., with each party bearing its own costs in both the trial court and in this Court.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 28, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.