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Mettauer v. Noble

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OPINION

In this interlocutory appeal,*fn1 appellant, Mark M. Mettauer, M.D., challenges the trial court’s order denying his motion to dismiss the health care liability claim*fn2 of appellees, Helen Noble, individually and as independent executrix of the estate of Anthony M. Noble, deceased, Alexandria Noble Barcak, Sasha Noble, Danielle Heller, and Vanessa Noble (collectively, the “Nobles”). In two issues, Dr. Mettauer contends that the trial court erred in finding that the Nobles’ expert report, written by Dr. Joseph Carey, is sufficient, determining that Dr. Carey is a qualified expert,*fn3 and not dismissing the claim. The Nobles contend that Dr. Mettauer has brought this appeal “only to delay the trial and increase the cost” of the case, and they seek sanctions for his bringing of a frivolous appeal.*fn4

We affirm.

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