![]() ![]() ![]() TLC also set forth that the payment TLC received from Trevino's PIP coverage did not cover the full amount of TLC's charges, and TLC never agreed to accept the PIP payment as payment-in-full. For example, TLC stated that it had released its lien after it sold its account. ![]() ![]() Prior to filing its answer, TLC's counsel sent correspondence to Trevino pointing out several alleged flaws to Trevino's position. In his suit, Trevino asserted that TLC's lien was fraudulent because Trevino was never "admitted" into the hospital, his own personal injury insurance had paid for his medical treatment, and also that TLC attempted to extort from him more than a "reasonable and regular" rate for its medical services rendered. On March 6, 2020, Trevino filed a lawsuit against TLC, alleging fraud, intentional misrepresentation, conversion, theft, intentional infliction of emotional distress, and mental anguish. Trevino claimed neither he nor his counsel received notice of this release. On September 23, 2019, however, TLC filed a release of the hospital lien against Trevino when it sold his account to a third-party. TLC refused, contending that Trevino used its hospital bill to obtain the settlement in the first place, and insisting on payment for the balance of its services. Trevino allegedly "sent numerous letters and left numerous messages" to TLC, attempting to persuade it to release its lien. Trevino did not receive payment, however, because the insurance company would not issue payment without including TLC on the check. Trevino filed a personal injury lawsuit and eventually agreed upon a settlement with the negligent driver's insurance company on June 3, 2019. The lien made a claim on any monies Trevino received "from any person alleged to have caused said injuries and any other person liable for the injury" up to the amount of TLC's full charges. TLC subsequently filed a hospital lien in Nueces County on September 7, 2018, under chapter 55 of the Texas Property Code. Given that the order from which this appeal arises lists Trevino's legal name as "Guadalupe Recio Trevino, Jr.," we will refer to Trevino in the masculine form. The parties referred to Trevino in both the masculine and feminine form. The total charges for Trevino's medical services were $14,680. Trevino also signed an Assignment of Benefits form authorizing his personal injury protection (PIP) policy to pay up to $5,000 of his hospital charges. During his ER visit, Trevino signed a contract with TLC agreeing to: (1) pay TLC's charges and (2) assign to TLC any benefits he might receive from insurance companies or third-party payors. Trevino received medical treatment in TLC's emergency room (ER). was injured in a motor vehicle collision that was caused by a negligent third party. On or about August 29, 2018, appellee Guadalupe Recio Trevino Jr. By two issues, appellants TLC CEC Parkdale LLC and Complete Emergency Car Holding, LLC d/b/a TLC Complete Care (collectively, TLC) argues that the trial court reversibly erred in: (1) failing to award attorneys' fees to TLC as the "prevailing party" on appellee's Texas Theft Liability Act (TTLA) claim and (2) failing to award sanctions to TLC. This case arises from the dismissal of a fraudulent medical lien case. 1 of Nueces County, Texas.īefore Justices Benavides, Hinojosa, and Silva On appeal from the County Court at Law No. ![]()
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