L.M. Healthcare, Inc. v. Childs

Opinion On Motion For Rehearing

We grant Respondent’s motion for rehearing. We withdraw our opinion and judgment of April 12,1996 and substitute the following.

L.M. Healthcare, Inc., d/b/a Longmeadow Care Center filed suit as an alleged creditor against the estate of Dorothy “Dot” H. Childs. On January 28, 1994, the trial court held that Longmeadow could not recover from Childs because it did not present a properly authenticated claim under the Texas Probate Code.

Longmeadow filed a motion for new trial on February 7,1994, and the trial court set a hearing for March 3, 1994. At the hearing, the…