Legal Opinion

Castellano v. Garza

Texas Court of Appeals, 4th District (San Antonio)

Decided April 9, 2003No. 04-01-00744-CVPublishedCited by 4 opinions

1Opinion of the Court

Opinion by:

PAUL W. GREEN, Justice.

The trial court dismissed this medical malpractice action because appellants Melissa and Alfred Castellano failed to file expert medical reports in accordance with article 4590i of the Texas Medical Liability and Insurance Improvement Act. See Tex.R. Civ. Stat. art. 4590i § 13.01 (Vernon Supp.2002). In seven issues on appeal, the Castellanos argue that dismissal was an abuse of the trial court’s discretion because the failure to file a report was not intentional or the result of conscious indifference. We affirm the judgment of the trial court.

Background

During…

2Cases cited8 opinions

  1. Doades v. Syed, Texas Court of Appeals, 4th District (San Antonio)2002
  2. Schorp v. Baptist Memorial Health System, Texas Court of Appeals, 4th District (San Antonio)1999
  3. Finley v. SteenkampCourt of Appeals of Texas · 2000
  4. Nguyen v. Kim, Texas Court of Appeals, 14th District (Houston)1999
  5. De Leon v. Vela, Texas Court of Appeals, 4th District (San Antonio)2001

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

3Cited by4 opinions

  1. Rittenhouse v. Sabine Valley Center Foundation, Inc., Texas Court of Appeals, 6th District (Texarkana)2005
  2. Dennis Rittenhouse v. Sabine Valley Center Foundation, Inc., D/B/A Oak Haven Recovery Center, Texas Court of Appeals, 6th District (Texarkana)2005
  3. Jacqueline Erin Tucker v. State, Texas Court of Appeals, 10th District (Waco)2006
  4. Yamaha Suzuki of Texas, Inc. and W.L.E. Enterprises, Inc. v. Troy Martinez, Texas Court of Appeals, 10th District (Waco)2004

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