This is a contract dispute between a physician and hospital. The term "existing practice" is not defined in the contract, and the summary judgment evidence fails to affirmatively establish whether an ownership interest in a surgery center equates to an "existing practice" under the contract. Summary judgment on this issue was inappropriate. The hospital's summary judgment evidence fails to affirmatively establish that it received no written notice of dispute as contractually required. The trial court's denial of Sessions' motion for partial summary judgment is affirmed, the trial court's grant of the Hospital's motion for summary judgment is reversed, and the case is remanded. Texarkana Court of Appeals, No. 06-13-00010-CV, 08-28-2013.
Sessions v. TH Healthcare, Ltd.
Tex. App. Dist. 6
August 28, 2013