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Town Hall Estates - Arlington, Inc. v. Lucy Cannon

A claimant who nonsuits health-care liability claims asserted against a particular health-care provider and subsequently refiles the same health-care liability claims against the same health-care provider does not restart the 120-day time period for the service of an expert report and a curriculum vitae on that health-care provider under the 2005 amendments to Texas Civil Practice and Remedies Code §74.351. Fort Worth Court of Appeals, No. 02-10-00185-CV, 12-16-2010

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OPINION

This is an interlocutory appeal from the trial court’s order denying Appellant Town Hall Estates – Arlington, Inc.’s motion to dismiss Appellee Lucy Cannon’s healthcare liability claims for the alleged failure to timely file an expert report. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a) (Vernon Supp. 2010). Three days before her expert report was required to be served, Cannon nonsuited her healthcare liability suit against Town Hall Estates. She subsequently filed a new lawsuit asserting the exact same healthcare liability claims against Town Hall Estates and served it with an expert report and a curriculum vitae. The primary issue we address in this appeal is whether, under the 2005 amendments to section 74.351, Cannon’s non-suit restarted the 120-day statutory time period for her to provide Town Hall Estates with an expert report.

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