Legal Opinion
Detenbeck v. Koester
Texas Court of Appeals, 1st District (Houston)
Decided November 17, 1994No. 01-93-00913-CVPublishedCited by 37 opinions
1Opinion of the Court
OPINION
HUTSON-DUNN, Justice.
The issue in this case is whether a doctor may maintain a cause of action for abuse of process against his former patient and her attorney for bringing a frivolous malpractice suit in an attempt to coerce a settlement.
In 1981, appellee, Winifred Koester, filed a malpractice suit against appellant, Dr. Deten-beek, arising out of a knee surgery he performed on her in 1978. In 1990, Koester dismissed the suit against Dr. Detenbeek with prejudice. After the malpractice case was dismissed, Dr. Detenbeek filed this abuse of process suit against Koester and her attorney,…
2Cases cited10 opinions
- Baubles & Beads v. Louis Vuitton, S.A.Court of Appeals of Texas · 1989
- Martin v. TrevinoCourt of Appeals of Texas · 1978
- JC Penney Company v. GilfordCourt of Appeals of Texas · 1967
- Albright v. Texas Department of Human Services, Texas Court of Appeals, 1st District (Houston)1993
- Blackstock v. TatumCourt of Appeals of Texas · 1965
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Mayberry v. Texas Department of Agriculture, Texas Court of Appeals, 3rd District (Austin)1997
- Texas Capital Bank N.A. v. Dallas Roadster, Ltd. (In Re Dallas Roadster, Ltd.)Court of Appeals for the Fifth Circuit · 2017
- RRR Farms, Ltd. v. American Horse Protection Ass'n, Inc., Texas Court of Appeals, 14th District (Houston)1997
- Pitts & Collard, L.L.P. v. SchechterCourt of Appeals of Texas · 2011
- Wright v. Sydow, Texas Court of Appeals, 14th District (Houston)2004
32 more not listed; retrieve them via the Exa API.