I dissent from the majority’s opinion for two reasons. First, the opinion conflicts with this Court’s earlier opinion in Trevino v. Carrizales, No.13-05-556-CV, 2006 WL 2371350 (Tex.App.-Corpus Christi 2006, no pet.) (mem.op.), which correctly held that a trial court may not completely deny a duly filed motion for attorney’s fees and costs brought pursuant to former article 4590i sectionlS.Ol(e).1 Second, the majority’s opinion is contrary to the plain language and the purpose of the statute and will lead to absurd results not contemplated by the Legislature. In essence, the opinion deprives attorney’s fees, mandated by section 13.01, to health care providers who procure professional liability insurance.
I.
Background
On February 18, 1997, multiple plaintiffs (collectively,- the “Aguirres”) initiated suit against Wilfredo Aviles, individually and d/b/a Mid-Valley Pediatrics Association and/or Wilfredo Aviles M.D., P.A., William Mosier and Pro Script Pharmacy Services (collectively, “Aviles”). Dr. Aviles, through counsel, answered the lawsuit. The Aguirres did not file an expert report as required by former article 4590i section 13.01. Two years later, Aviles, again through counsel, filled a motion to dismiss and motion for sanctions as a result of the Aguirres’ failure to file an expert report. At that time, the trial court requested briefing and took the matter under advisement.
After five years of waiting for a ruling, Aviles’s attorney filed an amended motion for sanctions and dismissal on his behalf, which the trial court heard on August 10, 2004. Again, the trial court made no ruling. At Aviles’s attorney’s request, three additional hearings were held on May 23, 2004, October 6, 2005, and May 16, 2006. Finally, on June 29, 2006, the trial court signed an order dismissing the Aguirres’ case for failure to file an expert report, but specifically denied Aviles’s request for attorney’s fees because Aviles did not “personally pay any of the attorney’s fees in defense of this claim.”
II.
Legal Analysis
With few exceptions, a party cannot recover attorney’s fees unless permitted by statute or contract. Tony Gullo Motors I, L.P. v. Chapa, 212 S.W.3d 299, 310 (Tex.2006). Former article 4590i section 13.01 was a statute that not only permitted, but *702mandated, the award of attorney’s fees. See Tex.Rev.Civ. Stat. ÁNN. art. 4590i § 13.01(e)(repealed 2003).2
It provided:
If a claimant has failed, for any defendant physician or health care provider, to comply with Subsection (d) of this section within the time required, the court shall, on the motion of the affected physician or health care provider, enter an order awarding as sanctions against the claimant or the claimant’s attorney:
(1) the reasonable attorney’s fees and costs of court incurred by that defendant;
(emphasis added).
This clear and unambiguous language mandates an award of reasonable attorney’s fees upon a plaintiffs failure to comply with former section 13.01(d) expert report requirements. If the requirements of the statute are not met the court must enter an order as sanctions both dismissing the case and granting defendant its costs and attorney’s fees. Am. Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 877 (Tex.2001). Although the trial court has discretion to set the amount of reasonable attorney’s fees, appellate courts, including this Court, have been clear that a trial court may not, in circumstances such as these, completely deny a duly filed motion for attorney’s fees and costs of court. Bocquet v. Herring, 972 S.W.2d 19, 20 (Tex.1998); Doades v. Syed, 94 S.W.3d 664, 674 (Tex.App.-San Antonio 2002, no pet.); see also Trevino v. Carrizales, No. 13-05-556-CV, 2006 WL 2371350 at *1 (Tex.App.-Corpus Christi August 17, 2006, no pet.) (mem.op.). Even though this Court, in Ca,rázales, determined that the statute was mandatory, the majority now backtracks to hold the statute’s mandatory award of attorney’s fees as sanctions only applicable when a health care provider actually pays the attorney’s fees out-of-pocket.
Here, there was no claim that the fees sought as sanctions were improperly proven or unreasonable. Yet, the majority holds that the plain meaning of the statute prefaces the award of attorney’s fees upon a health care defendant having “liabilities cast upon him.” Although the majority states that it is construing the statute to determine and give effect to the Legislature’s intent, it is clearly not. Section 13.01 was enacted for two purposes: (1) to reduce health care costs by reducing the filing of frivolous medical malpractice actions and, (2) to allow physicians to recoup some of their court costs from a successful defense. Wickware v. Sullivan, 70 S.W.3d 214, 219 (Tex.App.-San Antonio 2001, no pet.); Andress v. MacGregor Med. Ass’n, P.A., 5 S.W.3d 855, 859-60 (Tex.App.-Houston [14th Dist.] 1999, no pet.). Construing the statute to deprive insured health care providers of attorney’s fees that they are entitled to as sanctions serves neither purpose.
Additionally, the majority seems to equate the term “incur” with the term *703“pay.” Clearly, Dr. Aviles incurred attorney’s fees, even though the fees were paid by the insurance company with whom he contracted. There is no doubt that the fees sought were for counsel’s representation of Aviles. The majority’s interpretation hones in narrowly on the word “incur,” while ignoring the rest of the statute. Regardless, even under the majority’s definition of “incur” Dr. Aviles was entitled to attorney’s fees. Certainly, without the benefit of insurance, Dr. Aviles would be subject to or liable for his attorney’s fees. The majority’s holding makes no sense in view of both the plain language of the statute and its purposes.
T would reverse and remand the order with regard to the denial of attorney’s fees.
. Article 4590Í of the Texas Revised Civil Statutes, which contained section 13.01 of the former Medical Liability and Insurance Improvement Act, was repealed in 2003. See Act of April 19, 1977, 65th Leg., R.S., Ch. 817, 1977 Tex. Gen. Laws 2039, 2064, repealed by Act of May 16, 2003, 78th Leg., R.S., Ch. 204, § 10.09, 2003 Tex. Gen. Laws 847.
. The language of the current statute also mandates attorney’s fees when a claimant fails to comply with the initial requirements for filing an expert report. The import and significance of this court’s opinion will not be limited to the former law. The language is, as follows:
(b) If, as to a defendant physician or health care provider, an expert report has not been served within the period specified by subsection (a), the court, on motion of the affected physician or health care provider, shall, subject to subsection (c), enter an order that:
(1) awards the affected physician or health care provider reasonable attorney's fees incurred by the physician or health care provider.
Tex. Civ. Prac. & Rem.Code Ann. § 74.351 (Vernon Supp.2007).