A principal issue in this health care-liability claim is whether the court of appeals erred by remanding for the trial court to consider a second extension to cure a deficiency the appeals court found in an expert report. Moreno sued doctors, nurses and the limited partnership that operates a Denton hospital where Moreno's son allegedly suffered kidney and nerve damage during a forced delivery. After the trial court granted Moreno an extension to cure a deficient expert report, and she submitted another report to address the deficiency, the defendants challenged the reports' sufficiency in an interlocutory appeal. The court of appeals determined that the expert reports were deficient as they regarded direct-liability claims against the hospital and nurses and therefore were deficient on Moreno's vicarious-liability theory against the hospital for the nurses' actions. The appeals court remanded for the trial court to consider giving Moreno time to cure the deficiency. In this interlocutory appeal from that decision, the defendants argue that the state's health-care liability law allows only one extension to cure a deficient report.

Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Scott A. Brister, Justice Harriet O'Neill

08-0093 In re Gayle E. Coppock from Denton County and the Second District Court of Appeals, Fort Worth For relator: William E. Trantham, Denton For real party in interest: Amie S. Peace, Dan C. Coffey, Denton The issues in this habeas corpus proceeding involving an ex-spouse found in contempt for “coarse or offensive” communications are (1) whether the divorce decree ordered or commanded no coarse or offensive communication and, if so, (2) whether that would be an unconstitutional prior restraint on the ex-spouse’s free speech or void for vagueness and (3) whether the trial court order substantively changed its decree after it lost jurisdiction to do so. The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court’s staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court’s opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us