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
John Leland, D.D.S. v. George C. Brandal and Ruth L. Brandal
from Bandera County and the Fourth District Court of Appeals, San Antonio
For petitioner: Kathryn A. Stephens, San Antonio
For respondents: Beth Squires, San Antonio
The Supreme Court will hear arguments on the issue of whether appeals court that held med-mal expert report deficient can remand for extension to cure defect.
The principal issues are (1) whether an appeals court that holds a medical-expert report deficient can remand for consideration of a 30-day extension to file an adequate report or must render judgment for the defendant and, if the appellate court can remand, (2) whether the plaintiff waived the extension by filing supplemental expert reports within time limits upon the defendant's objection to the original reports. In this case Leland objected to the adequacy of two expert reports the Brandals served. The Brandals then filed supplemental reports before the 120-day deadline expired. The trial court denied Leland's objection to the supplemented expert reports. When the court of appeals reversed, it remanded the case to consider a 30-day extension to cure the defect. The case also presents a jurisdictional question - whether the interlocutory appeal to the Supreme Court can be heard by the Court, based on whether a concurring opinion in the court of appeals creates a conflict in this case.