Victoria Gardens of Frisco v. Walrath

OPINION

Opinion by

Justice MAZZANT.

Appellant Victoria Gardens of Frisco brings this interlocutory appeal of the trial court’s denial of its motion to dismiss ap-pellee’s lawsuit for failing to comply with the expert-report requirements of Chapter 74 of the Texas Civil Practice and Remedies Code. We reverse and render judgment dismissing appellee’s claims with prejudice.

I. BACKGROUND

This case began when appellee, Ann D. Walrath, filed a Rule 202 petition seeking to take the oral deposition of a representative of Victoria Gardens to investigate a potential claim. Walrath sought to investigate,…