Legal Opinion
Aviles v. Aguirre
Texas Supreme Court
Decided July 3, 2009No. 08-0240PublishedCited by 45 opinions
1Per curiam
Like the current statute, 1 former article 4590i required dismissal of a health-care claim if no timely expert report was served, and an award of attorney’s fees and costs “incurred” by the defendant. Act of May 5, 1995, 74th Leg., R.S., ch. 140, § 13.01,1995 Tex. Gen. Laws 985, 986, repealed by Act of June 2, 2003, 78th Leg., R. S., ch. 204, § 10.09, 2003 Tex. Gen. Laws 847, 884 (hereinafter “article 4590i”). In this case, the trial court granted dismissal but denied attorney’s fees because they had been incurred by the defendant’s insurer rather than the defendant himself. A divided court…
2Cases cited5 opinions
- Black v. American Bankers Insurance CompanyTexas Supreme Court · 1972
- Sonat Exploration Co. v. Cudd Pressure Control, Inc.Texas Supreme Court · 2008
- Angus Chemical Co. v. IMC Fertilizer, Inc.Texas Supreme Court · 1997
- Allstate Indemnity Co. v. ForthTexas Supreme Court · 2006
- Aviles v. Aguirre, Texas Court of Appeals, 13th District2008
3Cited by45 opinions
- Marks v. St. Luke's Episcopal HospitalTexas Supreme Court · 2010
- in Re Essex Insurance CompanyTexas Supreme Court · 2014
- Garcia v. GomezTexas Supreme Court · 2010
- Jackson v. State Office of Administrative HearingsTexas Supreme Court · 2011
- Cruz v. Van SickleCourt of Appeals of Texas · 2014
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