Legal Opinion
Pedroza v. Toscano
Texas Court of Appeals, 4th District (San Antonio)
Decided May 20, 2009No. 04-08-00826-CVPublishedCited by 16 opinions
1Opinion of the Court
OPINION
Opinion by
MARIALYN BARNARD, Justice.
Gregorio B. Pedroza, III, M.D. and Ab-dulhay A. Kadri, M.D. appeal the trial court’s order denying their motions to dismiss. The motions to dismiss sought to dismiss “any claim which was not made in Plaintiffs’ Chapter 74 expert reports.” The primary issue presented on appeal is “[wjhether the trial court abused its discretion by implicitly holding that a plaintiff may circumvent the 120-day report requirement of Tex. Civ. Prac. & Rem.Code Section 74.351(a) by asserting new allegations of negligence after the 120-day report is served that were not…
2Cases cited4 opinions
- American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
- Garcia v. Willman, Texas Court of Appeals, 13th District1999
- Methodist Charlton Medical Center v. Steele, Texas Court of Appeals, 5th District (Dallas)2009
- Schmidt v. Dubose, Texas Court of Appeals, 9th District (Beaumont)2008
3Cited by16 opinions
- Good Shepherd Medical Center - Linden, Inc. v. Bobby Twilley, Texas Court of Appeals, 6th District (Texarkana)2013
- Certified EMS, Inc. v. Potts, Texas Court of Appeals, 1st District (Houston)2011
- Mettauer v. Noble, Texas Court of Appeals, 1st District (Houston)2010
- San Antonio Extended Medical Care, Inc. v. Vasquez, Texas Court of Appeals, 4th District (San Antonio)2010
- Nexion Health at Duncanville, Inc. v. RossCourt of Appeals of Texas · 2012
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