Robertson Management Company D/B/A Franklin Nursing Home and Douglas Sadler, Individually, as the Administrator of the Franklin Nursing Home v. Buck Carson Stroud, as the of the Estate of Agnes Johanna Lys Dillard

 

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00228-CV

 

Robertson Management Company

d/b/a Franklin Nursing Home and

Douglas Sadler, Individually,

as the Administrator of the
Franklin Nursing Home
,

                                                                      Appellants

 v.

 

Buck Carson Stroud, as the Executor

of the Estate of Agnes Johanna Lys Dillard,

                                                                      Appellee

 

 

 


From the 82nd District Court

Robertson County, Texas

Trial Court No. 04-08-17,024-CV

 

MEMORANDUM  Opinion

 

          Finding that the trial court abused its discretion in failing to dismiss Appellee’s health care liability claim in accordance with section 74.351(b)(2) of the Civil Practice and Remedies Code because Appellee did not serve an expert report within 120 days and did not obtain a written extension signed by the affected parties, we reverse the trial court’s April 25, 2005 order and remand the cause to the trial court for dismissal of the claim with prejudice and for entry of an award to Appellants of reasonable attorney’s fees and court costs.  See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a), (b)(1-2) (Vernon 2005).

 

PER CURIAM

 

 

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Reversed and remanded

Opinion delivered and filed October 19, 2005

[CV06]

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Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Dismissed

Opinion delivered and filed July 29, 2009

Do not publish

[CR25]