Levinthal v. Kelsey-Seybold Clinic, P.A.

OPINION

MIRARAL, Justice.

This is an appeal from a summary judgment. Dr. Robert Levinthal sued Kelsey-Seybold Clinic, P.A. (the Clinic) alleging antitrust violations, as well as violations of the Texas Insurance Code, because the Clinic refused to refer patients to him. The trial court granted summary judgment in favor of the Clinic. We reverse.

Dr. Levinthal filed his original petition and discovery requests on December 1, 1993. The Clinic was served with the petition and discovery requests on January 11,1994. Because the discovery requests were served with the petition, the Clinic had 50 days…