Mena v. Lenz

OPINION ON REHEARING

Opinion on Rehearing by

Chief Justice VALDEZ.

After considering appellant, Anthony B. Mena’s, motion for rehearing, we deny the motion; however, we withdraw our opinion and judgment of March 17, 2011, and substitute the following.

Mena challenges the trial court’s summary judgment in favor of appellee, Dr. Paul Lenz, M.D. By three issues, Mena contends that the trial court erred in granting summary judgment because: (1) section 16.064 of the Texas Civil Practices and Remedies Code tolls the statute of limitations, and Dr. Lenz failed to negate tolling; (2) section 74.251(a)…