MANDATE
Court of Appeals
First District of Texas
NO. 01-14-00204-CV
PHONG TRINH, Appellant
V.
FATHA ELMI AND MED SOLUTIONS PHARMACY, INC., Appellees
Appeal from the 269th District Court of Harris County. (Tr. Ct. No. 2011-16459).
TO THE 269TH DISTRICT COURT OF HARRIS COUNTY, GREETINGS:
Before this Court, on the 24th day of September 2015, the case upon appeal to
revise or to reverse your judgment was determined. This Court made its order in these
words:
This Court today considered a motion for rehearing
filed by appellant, Phong Trinh. We order that the motion be
granted and that this court’s former judgment of May 28,
2015, be vacated, set aside, and annulled. We further order
this Court’s opinion of May 28, 2015, withdrawn.
This case is an appeal from the final judgment signed
by the trial court on February 7, 2014. After submitting the
case on the appellate record and the arguments properly
raised by the parties, the Court holds that there was reversible
error in the trial court’s judgment. Accordingly, the Court
reverses the trial court’s judgment and remands the case to
the trial court for a new trial.
The Court orders that the appellees, Fatha Elmi and
Med Solutions Pharmacy, Inc., jointly and severally, pay all
appellate costs.
The Court orders that this decision be certified below
for observance.
Judgment rendered September 24, 2015.
Panel consists of Chief Justice Radack and Justices Brown
and Lloyd. Opinion delivered by Justice Lloyd.
WHEREFORE, WE COMMAND YOU to observe the order of our said Court
in this behalf and in all things to have it duly recognized, obeyed, and executed.
December 4, 2015
Date CHRISTOPHER A. PRINE
CLERK OF THE COURT