Shepherd v. Ledford

GONZALEZ, ENOCH, SPECTOR and ABBOTT, Justices, join.

In these two cases we consider whether former Family Code section 1.91(b)1 conflicts with Medical Liability and Insurance Improvement Act (“MLIIA”) section 10.01 or Texas Civil Practice and Remedies Code section 16.003. We hold that section 1.91(b), as it existed before the 1996 amendment, does not conflict with either section 10.01 of the MLIIA or section 16.003 of the Texas Civil Practice and Remedies Code. Accordingly, we affirm the court of appeals’ judgment in Shepherd v. Ledford,2 and reverse the court of appeals’ judgment in…