Rosemond v. Al-Lahiq, M.D.

In the underlying suit, a physician filed three motions to dismiss, each alleging the plaintiffs failure to comply with the expert report requirements of section 74.351 of the Texas Civil Practice and Remedies Code. Two of the motions were premised on timeliness objections and one on adequacy. The trial court dismissed the plaintiffs claims by signing an order attached to the motion attacking the report’s adequacy. The court of appeals affirmed, implying a finding that the report was not timely served as required by section 74.351(a). We conclude the court of appeals erred when it implied…