In Re American Medical Home Health Services, LLC v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledNovember 4, 2026
Docket04-24-00614-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00614-CV
IN RE AMERICAN MEDICAL HOME HEALTH SERVICES, LLC d/b/a American
Medical Home Health Services–Mathis/Beeville, Hub City Home Health, Inc. d/b/a American
Medical Home Health Services, American Medical Home Health Services–San Antonio, LLC,
American Medical Hospice Care, LLC, American Medical Programs, Inc., Robert Dojonovic,
Rene Estrada, Nora Estrada, Magdalena Clemente and Gina Trevino, Relators
Original Proceeding 1
PER CURIAM
Sitting: Adrian A. Spears II, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: November 4, 2026
ORIGINAL PROCEEDING REINSTATED, SEVERED, AND DISMISSED WITH PREJUDICE
On September 13, 2024, relators American Medical Home Health Services, LLC d/b/a
American Medical Home Health Services–Mathis/Beeville, Hub City Home Health, Inc. d/b/a
American Medical Home Health Services, American Medical Home Health Services–San
Antonio, LLC, American Medical Hospice Care, LLC, American Medical Programs, Inc., Robert
Dojonovic, Rene Estrada, Nora Estrada, Magdalena Clemente, and Gina Trevino filed a petition
for writ of mandamus. The real parties in interest are Legacy Home Health Agency, Inc., Legacy
1
This proceeding arises out of Cause No. 2020-CI-09053, pending in the 150th Judicial District Court, Bexar County,
Texas, the Honorable Monique Diaz presiding.
04-24-00614-CV
Home Care Services Inc. d/b/a All Seasons Home Care, and Restorative Health Services, LLC
d/b/a Coastal Home Care.
On November 14, 2024, relators filed a notice stating that the following relators are in
bankruptcy:
• Hub City Home Health, Inc. d/b/a American Medical Home Health Services
• American Medical Home Health Services–San Antonio, LLC
• American Medical Hospice Care, LLC d/b/a American Medical Home Health
Services–Mathis
• American Medical Hospice Care, LLC d/b/a American Medical Hospice &
Palliative Care
• American Medical Programs, Inc.
On March 6, 2025, we stayed this mandamus proceeding, pursuant to Texas Rule of
Appellate Procedure 8.2 and stated that, for administrative purposes, this original proceeding will
be treated as a closed case, unless and until it is reinstated or served in accordance with Texas Rule
of Appellate Procedure 8.3.
On August 28, 2025, real parties in interest and all relators, other than relators Rene Estrada
and Nora Estrada, filed an “Advisory of Termination of Automatic Bankruptcy Stay and Joint
Motion to Dismiss Original Proceeding with Prejudice as to All Claims Except Those Relating to
Estrada-Relators and to Sever Estrada-Relators’ Original Proceeding.” Attached to the motion is
an order from the bankruptcy court in which the bankruptcy of the relators identified above is
pending. The order provides that the automatic stay imposed by 11 U.S.C. § 362 is terminated as
to this original proceeding, in order to effectuate a settlement, which is further described in the
bankruptcy court’s order. Real parties in interest and relators, other than relators Rene Estrada and
Nora Estrada, request in their motion that we reinstate this original proceeding, dismiss this
proceeding with prejudice with respect to all relators, other than relators Rene Estrada and Nora
Estrada, and sever the claims relating to relators Rene Estrada and Nora Estrada into a separate
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04-24-00614-CV
original proceeding. The motion states that the dispute between relators Rene Estrada and Nora
Estrada and real parties in interest will remain pending before the trial court. Relators Rene Estrada
and Nora Estrada have not filed a response to the joint motion.
In light of the foregoing, we grant the joint motion, lift the stay imposed by our March 6,
2025 order, and reinstate this case on the active docket of this court. Further, we sever this original
proceeding with respect to relators Rene Estrada and Nora Estrada into a separate proceeding. The
clerk of this court is direct to create a new original proceeding, styled In re Rene Estrada and Nora
Estrada, under a separate appellate cause number. The clerk of the court is directed to
electronically transfer a copy of all filings made in appellate cause number 04-24-00614-CV into
the new appellate cause number, and all filings transferred are ordered included as filings in the
new appellate cause number as though the originals had been filed therein.
As severed, the relators to this original proceeding are now American Medical Home
Health Services, LLC d/b/a American Medical Home Health Services–Mathis/Beeville, Hub City
Home Health, Inc. d/b/a American Medical Home Health Services, American Medical Home
Health Services–San Antonio, LLC, American Medical Hospice Care, LLC, American Medical
Programs, Inc., Robert Dojonovic, Magdalena Clemente and Gina Trevino. We dismiss this
original proceeding with prejudice. The petition for writ of mandamus filed by Rene Estrada and
Nora Estrada remains pending under the new appellate cause number.
PER CURIAM
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