Legal Opinion

Gene Nelson, Southern Diagnostic Radiology & Therapy Services, LC and Southern Medical Equipment Sales & Services, LLC v. Gulf Coast Cancer and Diagnostic Center at Southeast, Inc., Gulf Coast Oncology Associates, P.A., Mark A. D'Andrea, M.D.

Court of Appeals of Texas

Decided July 20, 2017No. 14-16-00589-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

Ken Wise, Justice

In this appeal from a final judgment in a bench trial, the appellants contend that the trial court erred by holding that the statute of limitations did not bar the appellees’ claims and by granting the appellees’ motion for new trial. Because we must presume that the trial evidence omitted from the appellate record supports the trial court’s judgment as to the first issue and the second issue is not renewable on direct appeal, we affirm.

Factual and Procedural Background

Appellee Mark A. D’Andrea, M.D. is a radiation oncologist affiliated with appel-lees Gulf Coast…

2Cases cited6 opinions

  1. Woods v. William M. Mercer, Inc.Texas Supreme Court · 1988
  2. In Re Columbia Medical Center of Las Colinas, Subsidiary, L.P.Texas Supreme Court · 2009
  3. Wilkins v. Methodist Health Care SystemTexas Supreme Court · 2005
  4. Bennett v. CochranTexas Supreme Court · 2002
  5. Cummins v. Paisan Construction Co.Texas Supreme Court · 1984

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

3Cited by4 opinions

  1. Aruna Viswanathan, Individually and as Director of Memorial Center, LLC, Memorial Center, LLC and DSA Commercial, LLC v. Nahmee Kim, Texas Court of Appeals, 14th District (Houston)2021
  2. Cody, Texas, L.P. v. BPL Exploration, Ltd., Texas Court of Appeals, 4th District (San Antonio)2019
  3. Jeremie Gordon and Amber Arnold-Gordon v. James B. Nickerson and Julia A. Nickerson, Trustees of the Nickerson Revocable Living Trust, Texas Court of Appeals, 3rd District (Austin)2019
  4. Jocelyn Lehman v. James Lehman and Jo Ann Lehman, Texas Court of Appeals, 3rd District (Austin)2021

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