The 14th court of appeals denied the family’s motion, saying there was not enough evidence to rule in favor of baby Nick, the attorney said Friday afternoon. According to the court of appeals, three judges found “no error” in the initial decision that Judge Roth made on Oct. 2 and rules in favor of Texas Children’s Hospital Friday evening. He said, currently, baby Nick is not being given the nutrients he needs to help his heart continue beating. Baby Nick was rushed to the hospital on September 24 after he was found unresponsive in a bathtub. A doctor with Texas Children’s Hospital said that Nick’s brain is not working and that his lungs and kidneys are not functioning.

Texas Children’s hospital planned to take a 10-month-old baby boy off life support until an emergency motion was filed, according to the family’s attorney, Kevin Acevedo. Court documents show the boy was taken to Texas Children’s Hospital where medical staff informed the boy’s parents that nothing could be done and the 10-month-old was to be taken off life support. However, Nick’s family claims the boy’s organs are working fine and they’re praying for a miracle, according to the documents. Wednesday morning and into the afternoon attorney’s representing Nick’s family and Texas Children’s Hospital argued their side of the situation to a judge. Acevedo claims the hospital is breaking the law by not having an independent ethical committee review the case before taking the child off life support.