Davisson v. Nicholson

OPINION ON REHEARING

TERRIE LIVINGSTON, Justice.

After considering the motion for rehearing filed by appellant Harvey G. Davisson, Ph.D., we deny the motion, but we withdraw our prior opinion and judgment of February 4, 2010 and substitute the following.

This is an interlocutory appeal from the trial court’s order denying appellants’ motions to dismiss for failure to timely file an adequate expert report in this health care liability case. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(9) (Vernon 2008). We affirm in part and reverse and remand in part.

Factual and Procedural Background

On…