Legal Opinion

Constancio v. Bray

Texas Court of Appeals, 3rd District (Austin)

Decided September 5, 2008No. 03-06-00583-CVPublishedCited by 25 opinions

1Opinion of the Court

OPINION

G. ALAN WALDROP, Justice.

Pifi Constancio, individually and on behalf of the estate of Ruben Constancio, deceased, appeals the district court’s dismissal of her medical malpractice claims against Dr. James Bray for failure to serve an expert report as required by chapter 74 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem.Code Ann. § 74.351 (West Supp.2008). Constancio raises two issues on appeal: (1) the district court abused its discretion in dismissing her claims because the expert report she served was adequate under chapter 74, and (2) although the district court…

2Cases cited12 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  4. Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002
  5. McIntyre v. RamirezTexas Supreme Court · 2003

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Hayes v. Carroll, Texas Court of Appeals, 3rd District (Austin)2010
  2. Tenet Hospitals Ltd. v. Boada, Texas Court of Appeals, 8th District (El Paso)2010
  3. Lopez v. Brown, Texas Court of Appeals, 14th District (Houston)2011
  4. Alinea Family Hospice Care LLC D/B/A Alinea Family Hospice Care, Donna Junkersfeld and Karla Gamble v. Peggy Goldsmith, Individually and on Behalf of the Estate of Ruth N. Massey, Texas Court of Appeals, 12th District (Tyler)2015
  5. Alinea Family Hospice Care LLC D/B/A Alinea Family Hospice Care, Donna Junkersfeld and Karla Gamble v. Peggy Goldsmith, Individually and on Behalf of the Estate of Ruth N. Massey, Texas Court of Appeals, 12th District (Tyler)2015

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API