Legal Opinion

Scott & White Memorial Hospital v. Schexnider

Texas Supreme Court

Decided December 13, 1996No. 95-1242PublishedCited by 133 opinions

1Opinion of the Court

OPINION

2Per curiam

We overrule Respondents’ motion for rehearing. We withdraw our opinion of August 16, 1996, and substitute the following in its place.

Does the trial court have the power during its plenary jurisdiction to grant a motion for sanctions under Texas Rule of Civil Procedure 13 though the motion was not pending when a nonsuit was filed? We answer that question yes.

On January 7, 1992, Roy and Christine Schexnider filed a medical malpractice suit against Scott & White Memorial Hospital, Scott & White Clinic, and eight Scott & White doctors, including Dr. Nickel. The Schexniders added twenty-one…

3Cases cited9 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. McKelvy v. BarberTexas Supreme Court · 1964
  3. Jobe v. Lapidus, Texas Court of Appeals, 5th District (Dallas)1994
  4. Aetna Casualty & Surety Co. v. SpeciaTexas Supreme Court · 1993
  5. Hjalmarson v. Langley, Texas Court of Appeals, 10th District (Waco)1992

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4Cited by133 opinions

  1. Travelers Insurance Co. v. JoachimTexas Supreme Court · 2010
  2. In Re BennettTexas Supreme Court · 1998
  3. State v. PatrickCourt of Criminal Appeals of Texas · 2002
  4. Lane Bank Equipment Co. v. Smith Southern Equipment, Inc.Texas Supreme Court · 2000
  5. Gulf Insurance Co. v. Burns Motors, Inc.Texas Supreme Court · 2000

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