Opinion
No. 10-05-00228-CV
Opinion delivered and filed October 19, 2005.
Appeal fromthe 82nd District Court, Robertson County, Texas, Trial Court No. 04-08-17,024-CV.
Reversed and remanded.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Finding that the trial court abused its discretion in failing to dismiss Appellee's health care liability claim in accordance with section 74.351(b)(2) of the Civil Practice and Remedies Code because Appellee did not serve an expert report within 120 days and did not obtain a written extension signed by the affected parties, we reverse the trial court's April 25, 2005 order and remand the cause to the trial court for dismissal of the claim with prejudice and for entry of an award to Appellants of reasonable attorney's fees and court costs. See TEX. CIV. PRAC. REM. CODE ANN. § 74.351(a), (b)(1-2) (Vernon 2005).