Opinion
No. 21-0068
06-25-2021
IN RE Andres SANCHEZ, Relator
Nomaan Husain, Houston, for Real Party in Interest GD, a minor child, Amparo Garcia, Nancy Mendoza. Sean Higgins, David A. Oubre, Shashi Patel, Houston, for Relator.
Nomaan Husain, Houston, for Real Party in Interest GD, a minor child, Amparo Garcia, Nancy Mendoza.
Sean Higgins, David A. Oubre, Shashi Patel, Houston, for Relator.
PER CURIAM
In this mandamus proceeding, Relator Andres Sanchez asks us to review the trial court's order striking a controverting affidavit from Andrew Kant, M.D. The counteraffidavit was offered under Texas Civil Practice and Remedies Code section 18.001 to challenge the necessity of the alleged medical expenses of G.D., a minor child, as set forth in affidavits submitted under section 18.001.
Sanchez's petition also sought review of orders striking controverting affidavits from Dr. Kant and Rhonda Guitreau regarding the alleged medical expenses of two adults involved in the same accident. Sanchez has advised the Court that their underlying claims have been resolved, and thus Sanchez now seeks relief only from the order striking Dr. Kant's counteraffidavit as to G.D.'s medical expenses.
The trial court ruled without the benefit of our recent opinion in In re Allstate Indemnity Co. , ––– S.W.3d ––––, 2021 WL 1822946 (Tex. 2021) (orig. proceeding). We believe the trial court should have the opportunity to reconsider its order in light of that opinion. Accordingly, we deny the petition for writ of mandamus without prejudice to give the trial court that opportunity.