Legal Opinion
Araceli Garza v. Richard Carlson, M. D.
Texas Court of Appeals, 13th District
Decided December 6, 2012No. 13-12-00025-CVPublishedCited by 2 opinions
1Opinion of the Court
OPINION
Opinion by
Justice GARZA.
Appellant, Araceli Garza, challenges the dismissal of her health care liability claim against appellee, Richard Carlson, M.D., for her failure to timely file an expert report. See Tex. Crv. Prac. & Rem.Code Ann. § 74.351(a) (West 2011). By a single issue, Garza contends that the time for filing an expert report was tolled until the default judgment against Dr. Carlson was set aside, and that the trial court therefore erred in granting Dr. Carlson’s motion to dismiss. We reverse and remand.
I. BaCkground
In 2008, Dr. Carlson performed surgery on Garza to repair a…
2Cases cited9 opinions
- Walker v. PackerTexas Supreme Court · 1992
- Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
- American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
- Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
- Holt Atherton Industries, Inc. v. HeineTexas Supreme Court · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McAllen Hospitals, L.P., McAllen Hospitals, L.P. D/B/A McAllen Medical Center, McAllen Medical Center, McAllen Hospitals, L.P. D/B/A South Texas Health System and South Texas Health System v. Mario I. Rodriguez and Liduvina Iracheta, Individually and as Next Friends of XXXX, a Minor, Texas Court of Appeals, 13th District2015
- Ricardo Martinez, M.D. and Alberto Pena, M.D. v. Maria Gonzales, Texas Court of Appeals, 13th District2015