Legal Opinion · Concurring in part, dissenting in part
Dingler v. Tucker
Court of Appeals of Texas
Decided December 10, 2009No. 2-09-002-CVPublished
1Concurring in part, dissenting in partTerrie Livingston, Justice
I respectfully dissent to Part V of the majority opinion, which relates only to Dr. Dingler’s appeal. In all other respects, I join the majority decision.
I believe that once Dr. Dingier became a party to the suit — when he was served with citation — he was served with the expert report that same day because the attorneys who actually represent him in this litigation had already been served with the report on behalf of Nocona. While Dr. Dingier was not an actual “party” to the suit until June 11, 2008, when he was finally served with citation, the service of the expert report on Nocona’s and…