On March 05, 2013 a
Motion-Secondary
was filed
involving a dispute between
Acevedo, Joanna Gonzalez,
Gonzalez, Regino, Sr.,
Laguna, Juana,
and
Camacho, Maria T., Md,
Fountila, Robert C., Do,
Fulp, Iii, Ray R., Do,
Mcallen Hospitals, Lp D B A Mcallen Medical Center,
Radiology & Imaging Of South Texas, Llp,
Ray Fulp Orthopedics, Pa,
Torres, Francisco, Md,
for Injury or Damage - Medical Malpractice (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
10/9/2020 8:50 AM
Hidalgo County District Clerks
Reviewed By: Valerie Garza
CAUSE NO. C-0973-13-A
JUANA LAGUNA, JOANNA GONZALEZ § IN THE DISTRICT COURT
ACEVEDO, AS ADMINISTRATOR OF THE §
ESTATE OF REGINO GONZALEZ, JR. §
§
V. §
92ND JUDICIAL DISTRICT
§
RAY R. FULP, 111, D.o. RAY FULP §
ORTHOPEDICS, P.A., ROBERT C. §
FOUNTILA, D.O., MCALLEN HOSPITALS, §
L.P., MCALLEN MEDICAL CENTER, SOUTH §
TEXAS HEALTH SYSTEM, MCALLEN §
MEDICAL CENTER, INC. § HIDALGO COUNTY, TEXAS
ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY
JUDGMENT
ON THIS DAY, after due and proper notice t0 all parties, came 0n for consideration
Defendant Robert Fountila, D.O.’s Motion for Summary Judgment. The Court, having heard the
arguments 0f counsel and reviewed the pleadings and evidence 0n file, hereby GRANTS the
motion.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant Robert
Fountila, D.O.’s Motion for Summary Judgment is granted as t0 Plaintiff Joanna Gonzalez
Acevedo, As Administrator 0f the Estate 0f Regine Gonzalez, Jr.’s claims and all Plaintiffs’
wrongful death and survival claims against Defendant Robert Fountila, D.O. are dismissed with
prejudice.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all claims and causes
0f action asserted by Plaintiff Joanna Gonzalez Acevedo, As Administrator 0f the Estate 0f Regine
Gonzalez, Jr. and all Plaintiffs’ wrongful death and survival claims against Robert Fountila, D.O.
are hereby severed into a separate action, bearing Cause N0. and styled
Electronically Filed
10/9/2020 8:50 AM
Hidalgo County District Clerks
Reviewed By: Valerie Garza
Joanna Gonzalez Acevedo, as Administrator 0f the Estate 0f Regina Gonzalez, Jr. vs. Robert
Fountila, D.0. Plaintiffs will pay all costs 0f the severance.
A11 relief requested and not granted t0 these parties is herein denied. The severed cause is
a Final and Appealable Judgment and disposes 0f all 0f Plaintiff Joanna Gonzalez Acevedo, As
Administrator 0f the Estate 0f Regine Gonzalez, Jr.’s claims against Robert Fountila, D.O. This
is the Final Appealable Order in that cause number.
SIGNED this day 0f March, 2020.
JUDGE PRESIDING
COPIES TO:
Jerry Patcheni jpatchen@1400congress.com
i bgau1t@gnq1awyers.com/bhunter@gnq1awyers.com
Bill Gault
Ron Hole i mail@holealvarez.com
Edward Castillo i ecasti110@valleyfirm.com
Document Filed Date
October 09, 2020
Case Filing Date
March 05, 2013
Category
Injury or Damage - Medical Malpractice (OCA)
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Preview
Electronically Filed 10/9/2020 8:50 AM Hidalgo County District Clerks Reviewed By: Valerie Garza CAUSE NO. C-0973-13-A JUANA LAGUNA, JOANNA GONZALEZ § IN THE DISTRICT COURT ACEVEDO, AS ADMINISTRATOR OF THE § ESTATE OF REGINO GONZALEZ, JR. § § V. § 92ND JUDICIAL DISTRICT § RAY R. FULP, 111, D.o. RAY FULP § ORTHOPEDICS, P.A., ROBERT C. § FOUNTILA, D.O., MCALLEN HOSPITALS, § L.P., MCALLEN MEDICAL CENTER, SOUTH § TEXAS HEALTH SYSTEM, MCALLEN § MEDICAL CENTER, INC. § HIDALGO COUNTY, TEXAS ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THIS DAY, after due and proper notice t0 all parties, came 0n for consideration Defendant Robert Fountila, D.O.’s Motion for Summary Judgment. The Court, having heard the arguments 0f counsel and reviewed the pleadings and evidence 0n file, hereby GRANTS the motion. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant Robert Fountila, D.O.’s Motion for Summary Judgment is granted as t0 Plaintiff Joanna Gonzalez Acevedo, As Administrator 0f the Estate 0f Regine Gonzalez, Jr.’s claims and all Plaintiffs’ wrongful death and survival claims against Defendant Robert Fountila, D.O. are dismissed with prejudice. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all claims and causes 0f action asserted by Plaintiff Joanna Gonzalez Acevedo, As Administrator 0f the Estate 0f Regine Gonzalez, Jr. and all Plaintiffs’ wrongful death and survival claims against Robert Fountila, D.O. are hereby severed into a separate action, bearing Cause N0. and styled Electronically Filed 10/9/2020 8:50 AM Hidalgo County District Clerks Reviewed By: Valerie Garza Joanna Gonzalez Acevedo, as Administrator 0f the Estate 0f Regina Gonzalez, Jr. vs. Robert Fountila, D.0. Plaintiffs will pay all costs 0f the severance. A11 relief requested and not granted t0 these parties is herein denied. The severed cause is a Final and Appealable Judgment and disposes 0f all 0f Plaintiff Joanna Gonzalez Acevedo, As Administrator 0f the Estate 0f Regine Gonzalez, Jr.’s claims against Robert Fountila, D.O. This is the Final Appealable Order in that cause number. SIGNED this day 0f March, 2020. JUDGE PRESIDING COPIES TO: Jerry Patcheni jpatchen@1400congress.com i bgau1t@gnq1awyers.com/bhunter@gnq1awyers.com Bill Gault Ron Hole i mail@holealvarez.com Edward Castillo i ecasti110@valleyfirm.com