Opinion
No. 20-0843
06-25-2021
IN RE Leon Paul SAVOY; Texas Curb Cut, LP; and Texas Cutting & Coring, LP, Relators
Michael H. Bassett, Dallas, Roger W. Hughes, Harlingen, for Amicus Curiae Texas Association of Defense Counsel. Rudolph Metayer, David E. Chamberlain, Austin, Eva DeLeon, Scott Fraley, Dallas, for Relators. George Scott Christian, for Amicus Curiae Texas Civil Justice League. Robert House, for Real Party in Interest.
Michael H. Bassett, Dallas, Roger W. Hughes, Harlingen, for Amicus Curiae Texas Association of Defense Counsel.
Rudolph Metayer, David E. Chamberlain, Austin, Eva DeLeon, Scott Fraley, Dallas, for Relators.
George Scott Christian, for Amicus Curiae Texas Civil Justice League.
Robert House, for Real Party in Interest.
PER CURIAM
In this mandamus proceeding, Relators Leon Paul Savoy; Texas Curb Cut, LP; and Texas Cutting & Coring, LP, ask us to review the trial court's order striking controverting affidavits from Brian Sullivan, M.D., and Marc Chapman. The counteraffidavits were offered under Texas Civil Practice and Remedies Code section 18.001 to challenge the reasonableness of Real Party in Interest John Patrick Hartley's alleged medical expenses as set forth in affidavits submitted under section 18.001.
The trial court ruled without the benefit of our recent opinion in In re Allstate Indemnity Co. , 622 S.W.3d 870 (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.