Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Community Health Choice, Inc. v. Hawkins

In a single issue on appeal, appellant asserts that the trial court erred in denying its motion for summary judgment and in granting the Comissioner of Health and Human Services' because the commissioner failed to pay a valid, non-appealable administrative award from available funds. Government Code �2260.105's mandatory language requires payment of appellant's claim and leaves nothing to the commissioner's discretion; accordingly, mandamus is proper here. Austin Court of Appeals, No. 03-09-00203-CV, 06-18-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Appellant Community Health Choice, Inc. (“CHC”) sued appellees Albert Hawkins, Commissioner of Health and Human Services, (“the Commissioner”) and the Texas Health and Human Services Commission (“the Commission”)*fn1 seeking a writ of mandamus to compel the Commissioner to pay CHC $249,999 pursuant to an administrative award stemming from a breach-of-contract claim. The parties filed cross-motions for summary judgment. The trial court granted the Commissioner’s motion and denied CHC’s. In a single issue on appeal, CHC asserts that the trial court erred in denying its motion for summary judgment and in granting the Commissioner’s because the Commissioner failed to pay a valid, non-appealable administrative award from available funds. We will reverse the trial court’s order and remand the cause to the district court with instructions that it render judgment granting CHC’s requested mandamus relief.

FACTUAL AND PROCEDURAL BACKGROUND

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...


Apply Now ›
Seattle, WA Litigation Counsel

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...


Apply Now ›
Civil Litigation Attorney - New York

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›
Go to Lawjobs