Bailey v. Hutchins

Opinion

BRIAN QUINN, Justice.

In this interlocutory appeal, we are asked to determine if the mailbox rule contained in Rule 5 of the Rules of Civil Procedure applies to suits mailed immediately before the effective date of a statute but received thereafter. The statute in question is commonly known as House Bill 4 and found in chapter 74 of the Texas Civil Practice and Remedies Code; it concerns medical malpractice actions. According to the appellants (Michael Bailey, M.D., Jan Rowden, P.A, and Methodist Hospital Levelland, who we collectively refer to as the Hospital), the trial court erred in…