Court of Civil Appeals of Texas, 2020

Texas Health Care, P.L.L.C. and Timothy J. Jones, D.O. v. E. D., a Minor, by and Through Her Parents B.O. and D.D. as Next Friends

Texas Health Care, P.L.L.C. and Timothy J. Jones, D.O. v. E. D., a Minor, by and Through Her Parents B.O. and D.D. as Next Friends
Court of Civil Appeals of Texas · Decided March 5, 2020

Texas Health Care, P.L.L.C. and Timothy J. Jones, D.O. v. E. D., a Minor, by and Through Her Parents B.O. and D.D. as Next Friends

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-18-00300-CV TEXAS HEALTH CARE, P.L.L.C. AND § On Appeal from the 352nd District TIMOTHY J. JONES, D.O., Appellants Court V. § of Tarrant County (352-293099-17) E.D., A MINOR, BY AND THROUGH HER § March 5, 2020 PARENTS B.O. AND D.D. AS NEXT FRIENDS, Appellee § Opinion by Justice Birdwell JUDGMENT This court has considered the record on appeal in this case and holds that there was error in the trial court’s judgment. We reverse the trial court’s order denying Texas Health Care, P.L.L.C. and Timothy J. Jones, D.O.’s motion to dismiss, and we render judgment dismissing with prejudice the health care liability claims of E.D., by and through her parents B.O. and D.D. We remand this case to the trial court to assess Texas Health’s and Dr. Jones’s reasonable attorney’s fees and court costs.

It is further ordered that Appellee shall pay all of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS By /s/ Wade Birdwell Justice Wade Birdwell

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