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In re Newton

Court of Appeals of Texas, Ninth District, Beaumont
May 6, 2004
No. 09-04-109 CV (Tex. App. May. 6, 2004)

Opinion

No. 09-04-109 CV.

Opinion Delivered May 6, 2004.

Original Proceeding.

Writ Denied.

Thomas K. Kruppstadt and Timothy L. Culberson, Gauntt Kruppstadt, LLP, The Woodlands, TX, for relator.

Valerie Davenport, Davenport Legal Group, Houston, TX, for real parties in interest.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.


MEMORANDUM OPINION


Mandamus will issue only to correct a clear abuse of discretion when that abuse cannot be remedied by appeal. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Relator seeks a writ of mandamus to compel the trial judge to enter an order dismissing the medical malpractice case filed by the real parties in interest. The relator argues that the expert's report, which states that the failure to recognize and treat the patient's infection and dehydration was the proximate cause of death, was conclusory as to causation and therefore not compliant with TEX. REV. CIV. STAT. art. 4590i § 13.01(r)(6). See Act of May 1, 1995, 74th Leg., R.S., ch. 140, § 1, 1995 Tex. Gen. Laws 985, 987, repealed by Act of June 2, 2003, 78th Leg., R.S., ch. 204, § 10.09, 2003 Tex. Gen. Laws 847, 884 (see now TEX. CIV. PRAC. REM. CODE ANN. § 74.351(r)(6) (Vernon Supp. 2004)). After reviewing the petition and record, we conclude that the relator has not shown a clear abuse of discretion by the trial court.

The Motion for Stay is denied. The petition for writ of mandamus, filed March 5, 2004, is denied.


Summaries of

In re Newton

Court of Appeals of Texas, Ninth District, Beaumont
May 6, 2004
No. 09-04-109 CV (Tex. App. May. 6, 2004)
Case details for

In re Newton

Case Details

Full title:IN RE MARION LOUISE NEWTON, M.D

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: May 6, 2004

Citations

No. 09-04-109 CV (Tex. App. May. 6, 2004)

Citing Cases

Johnson v. Livingston Diag.

We denied Newton's petition for mandamus regarding that ruling on May 6, 2004. See In re Marion Louise…