Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Paso Del Norte Surgery Center v. Anita Loweree
Citation: Not availableDocket: 08-06-00216-CV
Court: Court of Appeals of Texas; August 28, 2008; Texas; State Appellate Court
Original Court Document: View Document
Paso Del Norte Surgery Center appeals the trial court's denial of its motion to dismiss a health care liability suit filed by Anita Loweree, who alleges negligence during a gynecological surgery on December 20, 2002, resulting in permanent nerve damage. Loweree initially filed her suit on March 1, 2005, and served an expert report from Dr. John M. H. Allen on June 17, 2005. The Surgery Center objected to the report, claiming Dr. Allen was unqualified and that the report did not meet the standards set by Section 74.351 of the Texas Civil Practice and Remedies Code. On May 11, 2006, the Surgery Center filed a motion to dismiss, arguing Dr. Allen's qualifications and the report's adequacy. Loweree contended that Dr. Allen's report was a good faith effort to comply with statutory requirements and requested a 30-day extension to address any deficiencies. The trial court denied the motion to dismiss on June 17, 2006, acknowledged the report had deficiencies, but granted Loweree an extension to cure them. The appellate court found it lacked jurisdiction to hear the appeal because the trial court's order included an extension for Loweree to remedy the report's deficiencies, aligning with prior case law stating that no interlocutory appeal is available under such circumstances. Consequently, the appeal was dismissed for want of jurisdiction. Additionally, the court noted that an original petition for mandamus relief from the Surgery Center regarding the same issues had been consolidated with the appeal but was also denied in a separate opinion.