# Teladoc, Inc. v. Texas Medical Board and Nancy Leshikar, in Her Official Capacity as General Counsel of the Texas Medical Board

> Texas Court of Appeals, 3rd District (Austin) · December 31, 2014

URL: https://www.frixlaw.com/law-library/cases/2765663

## Case

- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** December 31, 2014
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2765663

## Opinion text

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED DECEMBER 31, 2014

NO. 03-13-00211-CV

Teladoc, Inc., Appellant

v.

Texas Medical Board and Nancy Leshikar,
in her Official Capacity as General Counsel of the Texas Medical Board, Appellees

APPEAL FROM 353RD DISTRICT COURT OF TRAVIS COUNTY
BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON AND FIELD
REVERSED AND RENDERED -- OPINION BY JUSTICE PEMBERTON

This is an appeal from the judgment signed by the district court on March 4, 2013. Having

reviewed the record and the parties’ arguments, the Court holds that there was reversible error in

the district court’s judgment. Therefore, the Court reverses the district court’s judgment and

renders summary judgment declaring that Texas Medical Board’s pronouncements regarding

Rule 190.8(1)(L)(i)(II) contained in its June 2011 letter are a “rule” under the Administrative

Procedure Act and, therefore, invalid under section 2001.035 of that Act. The appellees shall

pay all costs relating to this appeal, both in this Court and the court below.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2765663. Public record. Not legal advice.