Legal Opinion

Mocega v. BRADFORD URQUHART, MD

Texas Court of Appeals, 14th District (Houston)

Decided February 7, 2002No. 14-00-00916-CVPublishedCited by 29 opinions

1Opinion of the Court

OPINION

SCOTT BRISTER, Chief Justice.

Appellant, Elsa V. Mocega, filed suit against Bradford Urquhart, MID., alleging negligence in his treatment of her hand injury. The trial court dismissed her suit for failure to file an expert report within 180 days of filing. See Tex.Rev.Civ. Stat. Ann. Art. 4590i, § 13.01(d). The record is replete with missed deadlines and promises by Mocega’s counsel, and devoid of any expert support. Nevertheless, because Mocega’s counsel swears he did not receive notice of a crucial submission date, and Urquhart’s counsel cannot prove otherwise, we reluctantly reverse…

2Cases cited11 opinions

  1. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  2. IKB Industries (Nigeria) Ltd. v. Pro-Line Corp.Texas Supreme Court · 1997
  3. Cliff v. HugginsTexas Supreme Court · 1987
  4. Martin v. Martin, Martin & Richards, Inc.Texas Supreme Court · 1999
  5. Wembley Investment Co. v. HerreraTexas Supreme Court · 1999

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3Cited by29 opinions

  1. Kendrick v. Garcia, Texas Court of Appeals, 11th District (Eastland)2005
  2. Continental Casualty Co. v. DavillaCourt of Appeals of Texas · 2004
  3. Sandles v. Howerton, Texas Court of Appeals, 5th District (Dallas)2005
  4. Smalling v. GardnerCourt of Appeals of Texas · 2005
  5. Perry v. Stanley, Texas Court of Appeals, 6th District (Texarkana)2002

24 more not listed; retrieve them via the Exa API.

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