Legal Opinion

Carrick v. Summers

Texas Court of Appeals, 9th District (Beaumont)

Decided August 27, 2009No. 09-09-00166-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

STEVE McKEITHEN, Chief Justice.

Joe L. Carrick appeals from the trial court’s interlocutory order denying his motion to dismiss the health care liability claims of Lisa Summers. See Tex. Civ. PRAC. & Rem.Code Ann. § 51.014(a)(9) (Vernon 2008); Tex. Civ. PRAC. & Rem.Code ANN. § 74.351 (Vernon Supp. 2008). In issue one, Carrick contends Summers failed to serve a copy of an expert report and curriculum vitae on Carrick or his counsel within 120 days of filing suit. We hold that dismissal of Summers’s claims against Carrick is mandatory. Accordingly, we reverse the trial court’s order and…

2Cases cited3 opinions

  1. Ogletree v. MatthewsTexas Supreme Court · 2007
  2. Poland v. Ott, Texas Court of Appeals, 1st District (Houston)2009
  3. Department of Family and Protective Services v. Travis Reid Dickensheets, Texas Court of Appeals, 1st District (Houston)2008

3Cited by7 opinions

  1. Richard Hebert and Janet Hebert v. Timothy E. Hopkins, M.D., and Shannon Clinic, Texas Court of Appeals, 3rd District (Austin)2013
  2. Chance W. Dingler, M.D. AND Linda Diane Tucker and Myrle Tucker v. Linda Diane Tucker and Myrle Tucker AND Nocona Medical Clinic, P.A., Texas Court of Appeals, 2nd District (Fort Worth)2009
  3. Chance W. Dingler, M.D. AND Linda Diane Tucker and Myrle Tucker v. Linda Diane Tucker and Myrle Tucker AND Nocona Medical Clinic, P.A., Texas Court of Appeals, 2nd District (Fort Worth)2009
  4. Chance W. Dingler, M.D. AND Linda Diane Tucker and Myrle Tucker v. Linda Diane Tucker and Myrle Tucker AND Nocona Medical Clinic, P.A., Texas Court of Appeals, 2nd District (Fort Worth)2009
  5. Dingler v. TuckerCourt of Appeals of Texas · 2009

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