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Apodaca v. Russo

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eBook details

  • Title: Apodaca v. Russo
  • Author : Supreme Court of Vermont
  • Release Date : January 02, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

This interlocutory appeal arises from a healthcare liability claim filed by appellant Barbara Apodaca, individually and on behalf of the estate of Claudia J. McAulay, against Penni Russo, M.D. The issue is whether Apodacas expert report sufficiently meets the requirements of section 74.351 of the civil practice and remedies code so as to allow her to receive an extension of time. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a)-(c) (West Supp. 2006). Apodaca contends that the district court erred by granting Dr. Russos motion to dismiss the lawsuit without first granting Apodaca an extension of time to cure her expert reports deficiencies. See id. § 74.351(c). Because the district court did not abuse its discretion in granting Dr. Russos motion to dismiss and denying an extension of time to file an additional report, we affirm the order.


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