University of Texas Health Science Center at Houston v. Gutierrez

OPINION

TIM TAFT, Justice.

The Court’s opinion and judgment in the above-referenced appeal issued on October 4, 2007. After due consideration, and within its plenary power, the Court sua sponte withdraws its October 4, 2007 opinion and judgment and issues today’s opinion and judgment in their stead. See Tex. RApp. P. 19.1 (setting plenary power of courts of appeals).

This is an interlocutory appeal from the denial of appellant’s, University of Texas Health Science Center at Houston (“UTHSCH”), motion to dismiss healthcare-liability claims brought against it by appellees, Frank Gutierrez,…