Chisholm v. Maron

BRIAN QUINN, Justice.

Michael and Linda Chisholm appeal an order dismissing their suit against Barry Marón, M.D. The latter had moved for dismissal because the Chisholms allegedly failed to timely serve him with an expert’s report as per § 13.01(d)(1) of the Texas Revised Civil Statutes. The trial court agreed with Marón, and granted the motion. On appeal, the Chisholms assert three points of error. The first concerns whether Marón acted timely. The second and third involve whether the court acted prematurely or upon “testimony given by the Plaintiffs’ expert.” We overrule each and affirm the…