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Click here for the full text of this decision FACTS:Methodist Hospitals of Dallas provided medical services and supplies to Lori Ward after she was involved in an auto accident with a third party insured by Mid-Century. After Ward and Mid-Century reached a settlement, Mid-Century issued a check dated Sept. 20, 2000, jointly payable to Ward and her attorney, Juan Hernandez. Methodist filed a hospital lien on Sept. 21, 2000. The settlement proceeds were disbursed without paying Methodist’s hospital bill. Methodist filed this suit against Hernandez and Mid-Century to enforce its lien. The trial court granted Mid-Century’s motion for summary judgment. Methodist then dismissed its claims against Hernandez. This appeal followed. HOLDING:Reversed and remanded. Mid-Century’s summary judgement motion did not specify which type of summary judgment it was pursuing. The only standard set forth in Mid-Century’s motion for summary judgment, however, is the one applicable to a traditional summary judgment motion. Under the standards applicable to traditional summary judgments, Mid-Century had the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. The only evidence attached as support for Mid-Century’s motion for summary judgment was co-defendant Hernandez’s responses to requests for admissions propounded by Mid-Century. Discovery admissions constitute competent summary judgment evidence only if they are referred to or incorporated in the summary judgment motion and they are used against the party who filed them. The admissions on which Mid-Century relies to establish the date of payment of the settlement proceeds were made by its co-defendant Hernandez. Because Hernandez’s admissions may not be used as summary judgment evidence against Methodist, Mid-Century failed to prove the date the settlement proceeds were paid. It therefore did not meet its summary judgment burden to establish it was entitled to judgment as a matter of law. OPINION:Morris, J.; Morris, O’Neill and Richter, J.J.

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