Garcia v. Marichalar

Opinion by

KAREN ANGELINI, Justice.

This interlocutory appeal arises from a health care liability claim filed by Lizalde Mariehalar against Luis Richard Garcia, M.D. Pursuant to section 51.014(a)(9) of the Texas Civil Practice and Remedies Code, Garcia appeals the trial court’s May 26, 2005, order denying his motion to dismiss Marichalar’s claims with prejudice. Because the trial court erred in denying Garcia’s motion to dismiss, we reverse the trial court’s judgment and remand the cause to the trial court.

Factual BackgROünd

On January 30, 2003, Lizalde Mariehalar underwent exploratory surgery…