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TTHR LP v. Coffman

TTHR LP d/b/a Presbyterian Hospital of Denton (Presbyterian) appeals the denial of its motion to dismiss filed pursuant to Texas Civil Practice & Remedies Code �74.351(b). Because appellee's claim is a health-care liability claim, the trial court's order is reversed. Appellee's claims against Presbyterian are dismissed, and the case is remanded for a determination by the trial court of costs and attorney's fees to be awarded to Presbyterian. Fort Worth Court of Appeals, No. 02-10-00162-CV, 03-17-2011

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OPINION

TTHR, L.P. d/b/a Presbyterian Hospital of Denton (Presbyterian) appeals the denial of its motion to dismiss filed pursuant to Texas Civil Practice and Remedies Code section 74.351(b). See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon 2011). Presbyterian asserts that the suit filed against it by Appellee Amanda Coffman was a health care liability claim, subject to the requirements of chapter 74 of the civil practice and remedies code. Because we agree with Presbyterian that Coffman’s claim is a health care liability claim, we reverse the trial court’s order, render judgment dismissing Coffman’s claims against Presbyterian, and remand the case for a determination by the trial court of costs and attorney’s fees to be awarded to Presbyterian.

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