Town Hall Estates-Arlington, Inc. v. Cannon

OPINION

SUE WALKER, Justice.

This is an interlocutory appeal from the trial court’s order denying Appellant Town Hall Estates — Arlington, Inc.’s motion to dismiss Appellee Lucy Cannon’s healthcare liability claims for the alleged failure to timely file an expert report. See Tex. Civ. Prac. & Rem.Code Ann. § 74.351(a) (Vernon Supp.2010). Three days before her expert report was required to be served, Cannon nonsuited her healthcare liability suit against Town Hall Estates. She subsequently filed a new lawsuit asserting the exact same healthcare liability claims against Town Hall. Estates and…