No. 01-13-00963-CV 

IN THE FIRST COURT OF APPEALS 

HOUSTON, TEXAS

_________________________________________________________________ 

MEDICAL DISCOUNT PHARMACY, L.P., LIFECHEK ROSENBERG GP, 

INC., LIFECHEK, INC., AND BRUCE V. GINGRICH, INDIVIDUALLY, 

 Appellants, 

v. 

STATE OF TEXAS, 

 Appellee 

On Appeal from Cause No. 12-DCV-196841 

In the 434th District Court of Fort Bend County, Texas

_______________________________________________________________ 

 APPELLEE’S MOTION FOR REHEARING 

Rosemarie Donnelly 

Assistant Attorney General 

State Bar No. 05983020 

Office of the Attorney General of Texas 

Consumer Protection Division 

808 Travis, #1520 

Houston, Texas 77002 

Phone: 713-225-8919 

Fax: 713-223-5821 

rosemarie.donnelly@texasattorneygeneral.gov

ACCEPTED

01-13-00963-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/22/2015 3:26:59 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/22/2015 3:26:59 PM CHRISTOPHER A. PRINE Clerk
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TO THE HONORABLE FIRST COURT OF APPEALS: 

 Appellee, the State of Texas, respectfully submits this Motion for Rehearing 

in response to the judgment and opinion issued by the Court on July 7, 2015, and 

requests that the Court consider the following issue: 

ISSUE PRESENTED FOR REVIEW 

 Issue 1 The Court of Appeals erred in rendering judgment that the State 

 of Texas take nothing on its claims against Lifechek Rosenberg 

 GP, Inc. instead of finding that as general partner Lifechek 

 Rosenberg GP, Inc. is jointly and severally liable for the portion 

 of the judgment rendered against the limited partnership, 

 Medical Discount Pharmacy, L.P. 

ARGUMENT 

 The judgment of the Court of Appeals erroneously renders judgment that the 

State of Texas take nothing on its claims against Lifechek Rosenberg GP, Inc. The 

judgment of the Court of Appeals should be corrected to state that Lifechek 

Rosenberg GP, Inc., as general partner of Medical Discount Pharmacy, L.P., is 

jointly and severally liable for the judgment rendered against the limited partnership, 

Medical Discount Pharmacy, L.P. 

 Even if Lifechek Rosenberg has no independent liability in this case, it 

nevertheless is jointly and severally liable for the judgment rendered against the 

limited partnership, Medical Discount Pharmacy, L.P. Under Texas limited 

partnership law, generally “a general partner of a limited partnership has the 
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liabilities of a partner in a partnership without limited partners to a person other than 

the partnership or other partners.” Tex. Bus. Org. Code §153.152(b) (formerly Tex. 

Rev. Limited Partnership Act § 4.03(b)). A general partner may be sued in the same 

action as the limited partnership or in a separate action and may be jointly and 

severally liable for the obligations of the limited partnership, including judgments. 

Tex. Bus. Org. Code §152.304(a); §152.305;§152.306. See e.g., In re Anzalduas 

Bus. Park, L.P., 494 B.R. 704, 713 (Bankr. S.D. Tex. 2013). 

 Section 152.306(a) of the Texas Business Organizations Code states that “[a] 

judgment may be entered against a partner who has been served with process in a 

suit against the partnership.” Tex. Bus. Org. Code §152.306(a). Subsection (b) 

provides that a judgment creditor “may proceed against one or more partners or the 

property of the partners to satisfy a judgment based on a claim against the partnership 

only if a judgment: 

 (1) is also obtained against the partner; and 

 (2) based on the same claim: 

 (A) is obtained against the partnership; 

 (B) has not been reversed or vacated; and 

 (C) remains unsatisfied for 90 days after: 

 (i) the date on which the judgment is entered; or 
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 (ii) the date on which the stay expires, if the judgment 

 is contested by appropriate proceedings and 

 execution on the judgment is stayed.” 

Tex. Bus. Org. Code §152.306(b). See American Star Energy & Minerals Corp. v. 

Stowers, 457 S.W.3d 427, 429-30 (Tex. 2015). 

 The State respectfully requests that the judgment be corrected to state that 

Lifechek Rosenberg GP, Inc., as general partner of Medical Discount Pharmacy, 

L.P., is jointly and severally liable for the judgment rendered against Medical 

Discount Pharmacy, L.P. In this case, it was undisputed that Lifechek Rosenberg 

GP, Inc. was the general partner of Medical Discount Pharmacy, L.P. 

(Memorandum Opinion, p. 2; Appellants’ Reply Brief, pp. 9-10; PX 58 (p.1), RR 

10:763-769 (admitted at RR 3:18)). Lifechek Rosenberg GP, Inc. was named in the 

underlying lawsuit as general partner of Medical Discount Pharmacy, L.P. and 

served with process. (CR 11, 13, 26, 34, 36, 90, 91) Therefore, Lifechek Rosenberg 

GP, Inc. had notice of its potential liability as general partner and should be named 

in the judgment as jointly and severally liable for the judgment against Medical 

Discount Pharmacy, L.P. See KAO Holdings, L.P. v. Young, 261 S.W.3d 60, 63 

(Tex. 2008). 
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PRAYER 

 For the reasons stated, Appellee, the State of Texas, requests that the Court 

grant this Motion for Rehearing and correct the Court’s judgment to i) delete the 

portion which states that the State of Texas take nothing on its claims against 

Lifechek Rosenberg GP, Inc., and ii) add that Lifechek Rosenberg GP, Inc. is jointly 

and severally liable for the judgment rendered against Medical Discount Pharmacy, 

L.P. 

 Respectfully submitted, 

 

 KEN PAXTON 

Attorney General of Texas 

CHARLES E. ROY 

First Assistant Attorney General 

JAMES E. DAVIS 

Deputy Attorney General for Civil 

Litigation 

 TOMMY PRUD’HOMME 

 Chief, Consumer Protection Division 

 /s/ Rosemarie Donnelly 

 ___________________________ 

 Rosemarie Donnelly 

 Assistant Attorney General 

 State Bar No. 05983020 

 Assistant Attorney General 

 Consumer Protection Division 

 808 Travis, Suite 1520 

 Houston, Texas 77002 
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 Telephone (713) 225-8919 

 Facsimile (713) 223-5821 

 rosemarie.donnelly@ 

 texasattorneygeneral.gov 

 

ATTORNEYS FOR APPELLEE, 

THE STATE OF TEXAS 

CERTIFICATE OF COMPLIANCE 

 This is to certify that, based upon the Word program used, the text of the 

foregoing Motion contains 635 words. 

/s/ Rosemarie Donnelly 

____________________________________ 

Rosemarie Donnelly 

CERTIFICATE OF SERVICE 

 I hereby certify that, on July 22, 2015, a true and correct copy of the Motion 

for Rehearing was served to the following: 

Bruce E. Ramage – via email and e-filing 

Levon G. Hovnatanian – via email and e-filing

Martin, Disiere, Jefferson & Wisdom, L.L.P 

808 Travis, #1800 

Houston, Texas 77002 

Attorneys for Appellants Medical Discount Pharmacy, L.P., LifeChek Rosenberg 

GP, Inc., LifeChek, Inc., and Bruce V. Gingrich, Individually 

 ________/s/ Rosemarie Donnelly__ 

 Rosemarie Donnelly