In Re Watkins
Full Opinion (html_with_citations)
delivered the opinion of the Court,
Gary Jones filed this suit against Dr. Mary Louise Watkins, alleging she injured his eye in the course of treating a lesion on his face. Within 120 days of filing, he served what he purported to be an expert report.
Dr. Watkins then filed an interlocutory appeal and an original proceeding in the court of appeals asserting the trial court abused its discretion in granting an extension, and seeking an order of dismissal. The court of appeals dismissed the interlocutory appeal for want of jurisdiction and denied mandamus relief.
We hold we cannot. The separate writings join issue again today on the question whether the item served was a deficient report or no report at all. But here it does not matter. If no report was served, interlocutory appeal was available,
Accordingly, the petition for mandamus is denied.
Chief Justice JEFFERSON filed a concurring opinion, in which Justice O’NEILL joined.
. See Tex. Civ. Prac. & Rem.Code § 74.351(a).
. See id. § 74.35 l(r)(6); Am. Transitional Care Ctrs. v. Palacios, 46 S.W.3d 873, 879 (Tex.2001) (holding report must disclose the treatment challenged and the reasons claims are meritorious to constitute a good-faith effort).
. See Tex. Civ. Prac. & Rem.Code § 74.351(c); see also id. § 74.351(Z) (providing motion to dismiss should be granted if “the report does not represent an objective good faith effort to
. Badiga v. Lopez, 274 S.W.3d 681, 683 (Tex. 2009).
. Tex. Civ. Prac. & Rem.Code § 51.014(a)(9); see Ogletree v. Matthews, 262 S.W.3d 316, 321 (Tex.2007).
. See In re McAllen Med. Ctr., Inc., 275 S.W.3d 458, 464 (Tex.2008).
. Tex.R.App. P. 52.8(d).