Keith Wright and Belinda Melancon Southern v. Johnna C. Hooker, Mary Sanford, Brandy Mireles and Ryan Brewer, 12-17-00095-CV

Background

Four appellees (Hooker, Sanford, Mireles, Brewer) were treated by City of Lufkin EMS after separate vehicle accidents; EMS later filed Chapter 55 medical-services liens against their third‑party claims.
Southern (Lufkin director of finance) testified about EMS billing: EMS contracts with Medicare/Medicaid but not private insurers; EMS sometimes submits bills to motor‑vehicle insurers first, and will bill private health insurance or pursue liens/collection if appropriate.
Appellees sued for declaratory and injunctive relief, arguing EMS’s liens were invalid under Tex. Prop. Code § 55.004(g)(3) (and that one lien exceeded the $1,000 EMS cap), because EMS could have billed their private health insurance or had assignments of benefits.
The trial court granted summary judgment for appellees, enjoining EMS from filing liens against patients who have private medical indemnity plans from which EMS can recover under an assignment or similar right.
On appeal, appellants (Wright and Southern) challenged the summary judgment, arguing (inter alia) that appellees failed to prove EMS had recoverable rights against their private policies, that Hooker gave no assignment, and that Sanford’s lien was released (moot).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether EMS liens are excluded by §55.004(g)(3) when patient has private medical indemnity coverage from which EMS can recover	Appellees: §55.004(g)(3) bars liens if EMS is entitled to payment from private insurance; lien invalid here	Appellants: exclusion requires EMS to have contractual recourse/contract with insurer or proof that EMS could actually recover	Court: Appellees failed to conclusively prove EMS s charges were covered by a private plan and that EMS was entitled to recover; trial court erred in granting plaintiffs' traditional summary judgment (reversed and remanded)
Whether evidence established existence of an assignment of benefits (Hooker)	Appellees: attorney letter and patient care report show authorization/assignment or similar right	Appellants: letter is not an assignment; no clear AOB	Court: Evidence (attorney letter/patient care report) raised fact question — more than scintilla — so no-evidence motion denied on Hooker (assignment issue unresolved for trial)
Whether EMS lien to Hooker was invalid for exceeding $1,000 cap under §55.004(f)	Appellees: bill shows $1,202 charged; lien cap is $1,000 so lien invalid	Appellants: filed notice of lien did not state amount >$1,000; notice complied with statute	Court: Notice of lien complied with §55.005 and did not assert >$1,000; lien not invalid on that basis as filed
Whether Sanford's claims were moot because EMS released her lien pre-suit	Appellants: Southern affidavit shows EMS released Sanford's lien prior to filing	Appellees: no contrary evidence	Court: Sanford's claim was moot; trial court erred by denying appellants' no‑evidence motion as to Sanford — rendered take‑nothing judgment for appellants on Sanford's claims

Key Cases Cited

Drake Interiors, L.L.C. v. Thomas, 433 S.W.3d 841 (Tex. App.—Houston [14th Dist.] 2014) (summary judgment standard for declaratory actions)
Valence Operating Co. v. Dorsett, 164 S.W.3d 656 (Tex. 2005) (de novo review of summary judgment)
City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (evidence and reasonable inferences in summary-judgment review)
Sci. Spectrum, Inc. v. Martinez, 941 S.W.2d 910 (Tex. 1997) (defendant summary judgment standard)
McAllen Hosps., L.P. v. State Farm Cty. Mut. Ins. Co. of Tex., 433 S.W.3d 535 (Tex. 2014) (purpose of hospital lien statute)
Bashara v. Baptist Mem'l Hosp. Sys., 685 S.W.2d 307 (Tex. 1985) (background on hospital lien policy)
Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217 (Tex. 1999) (plaintiff must conclusively prove entitlement to traditional summary judgment)
King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003) (no-evidence summary judgment / scintilla standard)