Gary Lynn Fomby v. Manorcare-Sharpview of Houston Texas, LLC and Sharpview SNF Management, LLC

Opinion issued June 15, 2021 In The Court of Appeals For The First District of Texas ———————————— NO. 01-19-00618-CV ——————————— GARY LYNN FOMBY, Appellant V. MANORCARE – SHARPVIEW OF HOUSTON, TEXAS, LLC, Appellee On Appeal from the 133rd District Court Harris County, Texas Trial Court Case No. 2016-19064 CONCURRING OPINION The majority holds that pro se appellant Gary Lynn Fomby failed to preserve error in the trial court when he defeated ManorCare’s Chapter 74 motion to dismiss his lawsuit. I respectfully disagree. Fomby raised his open-courts and due-process challenges in the trial court,…