Legal Opinion
McDaniel v. Spectrum Healthcare Resources, Inc.
Texas Court of Appeals, 4th District (San Antonio)
Decided August 22, 2007No. 04-06-00185-CVPublishedCited by 5 opinions
1Opinion of the Court
OPINION
Opinion by
PHYLIS J. SPEEDLIN, Justice.
The controlling legal issue presented in this appeal is whether an Agreed Special Setting and Docket Control Order incorporated a written agreement extending the date for serving an expert report under section 74.351(a) of the Texas Civil Practice and Remedies Code. See Tex. Civ. PRAc. & Rem.Code Ann. § 74.351(a) (Vernon Supp.2006). Because we hold that the *790docket control order includes within it an unambiguous agreement that extended the date, we reverse the trial court’s order and remand the cause to the trial court for further proceedings.
Backgro…
2Cases cited17 opinions
- Coker v. CokerTexas Supreme Court · 1983
- American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
- Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002
- National Union Fire Insurance Co. of Pittsburgh v. CBI Industries, Inc.Texas Supreme Court · 1995
- MCI Telecommunications Corp. v. Texas Utilities Electric Co.Texas Supreme Court · 1999
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3Cited by5 opinions
- Spectrum Healthcare Resources, Inc. v. McDanielTexas Supreme Court · 2010
- Care Center, Ltd. v. Betty Sutton, Texas Court of Appeals, 9th District (Beaumont)2008
- McDaniel v. Spectrum Healthcare Resources, Inc., Texas Court of Appeals, 4th District (San Antonio)2007
- Minnie Shelton Individually and as Representative of the Estate of Annie Mae Brown v. the University of Texas Medical Branch at Galveston and the University of Texas Medical Branch at Galveston D/B/A John Sealy Hospital, Texas Court of Appeals, 14th District (Houston)2009
- Spectrum Healthcare Resources, Inc. v. McDanielTexas Supreme Court · 2010