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Maris v. Hendricks

The trial court did not abuse its discretion by denying Jason Maris' motion to dismiss the Hendricks family?s health care liability claims. Fort Worth Court of Appeals, No. 2-07-300-CV

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OPINION

I. Introduction

In this accelerated, interlocutory appeal, Appellant Jason Maris, P.A.-C appeals the trial court’s order denying his motion to dismiss the health care liability claims of Appellees Tadd Hendricks, as independent executor of the estate of Melissa Hendricks, deceased, and Tadd Hendricks, individually and as next friend of Joshua and Daniel Hendricks, minors, and Charlie Morello. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(9) (Vernon Supp. 2007). In a single issue, Maris argues that the trial court erred by not dismissing Appellees’ claims because Appellees failed to serve him with an expert report complying with the requirements of section 74.351 of the civil practice and remedies code. See id. § 74.351(a), (b), (r)(6) (Vernon Supp. 2007). We will affirm.

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