NUMBER 13-19-00633-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI–EDINBURG

IN RE FRAUDULENT HOSPITAL LIEN LITIGATION

On appeal from MDL No. 15-0360-H in the 444th District Court

of Cameron County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Hinojosa

Memorandum Opinion by Justice Longoria

MedData d/b/a Alegis Revenue Group, L.L.C. (MedData) filed this notice of appeal 

from MDL No. 15-0360-H, In re Fraudulent Hospital Lien Litigation, pending in the 444th 

District Court of Cameron County, Texas.1 MedData alleged that the judge of the MDL 

1 This case originated in trial court cause number C-2488-19-F in the 332nd District Court of 

Hidalgo County, Texas, which was transferred to MDL No. 15-0360-H in the 444th District Court of Cameron 

County, Texas, for consolidated pretrial proceedings.
2

pretrial court had not ruled on MedData’s motion to dismiss filed pursuant to the Texas 

Citizens Participation Act (TCPA) within the statutory deadline, and accordingly, its motion 

to dismiss was “considered to have been denied by operation of law.” See TEX. CIV. PRAC.

& REM. CODE ANN. §§ 27.005(a), 27.008(a). This appeal ensued.

On January 9, 2020, MedData filed a “Motion to Dismiss Appeal as Premature.”

Without “abandoning its position that each case in an MDL proceeding is distinct,” 

MedData asserted that its attempted interlocutory appeal should be dismissed on grounds 

that the underlying MDL proceedings are stayed, and thus its notice of appeal was 

premature. MedData’s motion to dismiss is opposed by appellees, Guillermo Acuna, et 

al.,

2 however, more than ten days have passed since the motion to dismiss was filed and 

appellees have not filed a response or other pleading in opposition to MedData’s motion. 

See TEX. R. APP. P. 10.1(a)(5), 10.1(b), 10.3(a). 

The Court, having examined and fully considered the motion to dismiss and the 

applicable law, is of the opinion that the appeal should be dismissed for the reasons 

expressed in our opinion in In re Fraudulent Hospital Lien Litigation, No. 13-19-00627-

CV, 2020 WL _____ (Tex. App.—Corpus Christi–Edinburg Mar. 5, 2020, no pet. h.) (mem. 

op.), available at http://www.search.txcourts.gov/case.aspx?cn=13-19-00627-CV. 

2 The appellees include: Guillermo Acuna, Cinthia Amaro, Rosa Amaro, Perfecto Anciso Jr., 

Angela Badillo Saenz, Vicente Cerda, Quirina Chavez, Gabriela Colunga, Tomas Cruz, Maria Delgadillo, 

Linda Flores, Maria Garcia, Maria Garcia, Darlene Garza, Onecimo Garza, Yajaira Garza, Maribel 

Gutierrez, Flor Hernandez, Ruben Hernandez, Andrea Juarez, Ricardo Loredo, Belinda Luna, Maria 

Macias, Maria Mar, Bertha Morales, Jose Ortiz, George Ovalle, Arminda Ozorio, Rebecca Pena, Luis 

Perez, Samantha Perez, Benita Pinkston, Rosamaria Rangel, Bertha Rendon, Edgar Rivera, Yolanda 

Robles, Esli Roca, Janett Rosales, Arnulfo Ruiz, Guadalupe Ruiz, Martin Ruiz, Renato Ruiz, Ahmeed 

Sanchez, Lesbia Sanchez, Alfonso Tijerina, Cynthia Valencia, Juanita Vargas, Claudia Vasquez, Mattie

Webb, and Albert Zamora.
3

Accordingly, we grant MedData’s motion to dismiss and we dismiss this appeal for lack 

of jurisdiction. Pending motions, if any, are dismissed as moot.

NORA L. LONGORIA

Justice

Delivered and filed the

5th day of March, 2020.