The court of appeals affirmed with respect to Dr. Mani, but reversed the summary judgment for Dr. Bala on both claims. 892 S.W.2d 146. Dr. Bala contends that the court of appeals mischaracterized his 1986, 1987, and 1989 examinations of Maxwell as a continuing course of treatment, and therefore incorrectly held that the limitations period began on July 29, 1989, when Dr. Bala last treated Maxwell.
Rule 131 applies to summary judgment proceedings. See Maxwell v. Mani, 892 S.W.2d 146, 156 (Tex.App.-Houston [14th Dist.] 1994), rev' d on other grounds, 909 S.W.2d 889 (Tex. 1995). A trial court abuses its discretion when it allots costs contrary to the provisions of Rule 131 without including in the record an explanation for the allotment.
That rule has been applied repeatedly by Texas courts. See Maxwell v. Mani, 892 S.W.2d 146 (Tex.App. — Houston [14th Dist.] 1994, n.w.h.); Stover v. Gormley, 883 S.W.2d 278, 282 (Tex.App. — Amarillo 1994, n.w.h.); Desiga v. Scheffey, 874 S.W.2d 244, 248 (Tex.App. — Houston [14th Dist.] 1994, no writ); Marchal v. Webb, 859 S.W.2d 408, 417 (Tex.App. — Houston [1st Dist.] 1993, writ denied) (on rehearing); Shook v. Herman, 759 S.W.2d 743, 746 (Tex.App. — Dallas 1988, writ denied); Dougherty v. Gifford, 826 S.W.2d 668, 673 (Tex.App. — Texarkana 1992, no writ); Thames v. Dennison, 821 S.W.2d 380, 383 (Tex.App. — Austin 1991, writ denied). Although Holt argues that Epley did not raise the question of the inapplicability of her continuing course of treatment theory, we disagree.