Emeritus Corp. v. Highsmith
Texas Court of Appeals, 4th District (San Antonio)
1Opinion of the Court
OPINION
Opinion by
SARAH B. DUNCAN, Justice.
Emeritus Corporation and HB-ESC V LP d/b/a Kingsley Place at Oakwell Farms appeal the trial court’s order denying their motion to dismiss the claims filed by Penny Highsmith because she failed to timely file an expert report. We hold an order denying a motion to dismiss in this context is subject to interlocutory appeal even though the order also grants an extension of time to serve an expert report unless the extension is granted to cure a deficiency in an existing report; all of Highsmith’s claims are health care liability claims; and an agreement…
2Cases cited9 opinions
- American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
- Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
- Hagedorn v. Tisdale, Texas Court of Appeals, 7th District (Amarillo)2002
- De Checa v. Diagnostic Center Hospital, Inc.Texas Supreme Court · 1993
- Garcia v. Marichalar, Texas Court of Appeals, 4th District (San Antonio)2005
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3Cited by46 opinions
- Ogletree v. MatthewsTexas Supreme Court · 2007
- Lewis v. Funderburk Ex Rel. FunderburkTexas Supreme Court · 2008
- Texas West Oaks Hospital, LP v. WilliamsTexas Supreme Court · 2012
- Valley Baptist Medical Center v. Azua, Texas Court of Appeals, 13th District2006
- Estate of Regis v. Harris County Hospital District, Texas Court of Appeals, 14th District (Houston)2006
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