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Do not publish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]