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 -2- 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 -3-