Donald Britton v. Fort Worth Dental Institute, PLLC, and Fast New Smiles of Fort Worth, LLC

CourtCourt of Appeals of Texas
DecidedNovember 6, 2025
Docket02-25-00298-CV
StatusPublished

This text of Donald Britton v. Fort Worth Dental Institute, PLLC, and Fast New Smiles of Fort Worth, LLC (Donald Britton v. Fort Worth Dental Institute, PLLC, and Fast New Smiles of Fort Worth, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donald Britton v. Fort Worth Dental Institute, PLLC, and Fast New Smiles of Fort Worth, LLC, (Tex. Ct. App. 2025).

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00298-CV ___________________________

DONALD BRITTON, Appellant

V.

RIAD ALMASRI, KHALID A. AZZOUZ, FORT WORTH DENTAL INSTITUTE, PLLC, AND FAST NEW SMILES OF FORT WORTH, LLC, Appellees

On Appeal from the 348th District Court Tarrant County, Texas Trial Court No. 348-344232-23

Before Kerr, Womack, and Walker, JJ. Memorandum Opinion by Justice Walker MEMORANDUM OPINION

I. INTRODUCTION

Appellant Donald Britton, acting pro se, filed a health care liability suit against

Appellees Riad Almasri, Khalid A. Azzouz, Fort Worth Dental Institute PLLC, and

Fast New Smiles of Fort Worth LLC, alleging that he had sustained injuries from their

dental malpractice. See Tex. Civ. Prac. & Rem. Code Ann. § 74.001(13).

Almasri and Azzouz moved to dismiss Britton’s claims against them, asserting

that he had failed to comply with Chapter 74 of the Texas Civil Practice and Remedies

Code. See id. § 74.351 (requiring claimant to serve an expert report on all parties (or

their attorneys) not later than the 120th day after the original answer is filed). The

trial court granted their motion and dismissed Britton’s claims against them.

Britton moved for a jury trial on his claims against Fort Worth Dental Institute

and Fast New Smiles of Fort Worth (the entities). However, the trial court discovered

that Britton had not requested citation for his claims against them and twice ordered

him to request citation, warning that his failure to effectuate service would result in

the dismissal of his remaining claims for want of prosecution. Britton moved to

recuse the trial court judge, alleging that she had “engaged in harassment, intimidation

and threats” by ordering him to request citation. Despite the trial court’s orders and

warnings, Britton did not request citation, and the trial court dismissed his claims

against the entities. Britton filed this appeal.

2 In twelve issues—which we have consolidated into three groups—he

complains of the trial court’s (1) dismissal of his claims against Almasri and Azzouz,

(2) dismissal of his claims against the entities, and (3) alleged mistreatment of him.

Because Britton failed to serve an expert report on Almasri and Azzouz and failed to

request citation for his claims against the entities, the trial court did not abuse its

discretion by dismissing his claims. Because his accusation of mistreatment by the

trial court is inadequately briefed—to a degree that cannot be interpreted away by a

liberal construction—nothing is presented for our review. We will affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

On August 4, 2023, Britton filed his “Petition for Damages” against Almasri,

Azzouz, and the entities for their allegedly defective dental work.1 Twelve exhibits

were attached to his petition, including his dental records—Exhibit L—from another

dental office. Britton requested citation for his claims against Almasri and Azzouz,

but he did not request citation for his claims against the entities.

On October 6, 2023, Almasri and Azzouz timely filed their answers and

complained of Britton’s lack of compliance with Chapter 74 of the Texas Civil

Practice and Remedies Code—requiring Britton to provide them with written notice

at least sixty days before he filed the suit and to include an authorization form for the

1 Britton’s petition alleged “breach of contract, fraudulent misrepresentation, financial exploitation of Elderly (Texas Penal Code 32.53 (a)(2)[(,] malpractice, violation of dentist ethic and code of conduct, theft, deceptive practices, extortion and punitive damages.”

3 release of his protected health information. See Tex. Civ. Prac. & Rem. Code Ann.

§ 74.051. Because Britton did not provide advanced notice and did not include an

authorization form, Almasri and Azzouz moved to abate the case. On January 5,

2024, following a hearing,2 the trial court granted their motion and abated the case for

sixty days to allow Britton to comply with Chapter 74.

On March 25, 2024, Almasri and Azzouz moved, pursuant to Section 74.351 of

the Texas Civil Practice and Remedies Code, to dismiss Britton’s claims against them.

See Tex. Civ. Prac. & Rem. Code Ann. § 74.351. Section 74.351 required Britton to

serve—within 120 days—on Almasri and Azzouz an expert report describing (1) the

applicable standard of care, (2) how their actions failed to meet that standard, and

(3) the causal relationship between that failure and the damages claimed. See id

§ 74.351(a), (r)(6). Britton did not respond to Almasri and Azzouz’s motion to

dismiss, but instead, he moved for summary judgment on his claims against them.

On May 2, 2024, the trial court heard Almasri and Azzouz’s motion to dismiss

and Britton’s motion for summary judgment. With respect to the motion to dismiss,

Britton argued that Exhibit L was an expert report and “was submitted along with the

petition itself.” Almasri and Azzouz countered that Britton had actually submitted

2 At the abatement hearing, Britton attempted to urge a motion for summary judgment. However, the trial court explained that his motion was not before the trial court and that opposing counsel had not received notice of the motion. In our review of the clerk’s record, Britton had not filed a motion for summary judgment prior to the abatement hearing.

4 “medical records with no opinion, no C.V.” and that Exhibit L was not an expert

report. The trial court agreed with Almasri and Azzouz and found that Exhibit L

“look[ed] like medical records” and was “not the required Chapter 74 expert report.”

Following its finding that Britton had not served an expert report on Almasri and

Azzouz, the trial court signed an order dismissing Britton’s claims against them.3

After the trial court dismissed his claims against Almasri and Azzouz, Britton

moved for a trial by jury on his claims against the entities.4 However, Britton had not

requested citation for his claims against them and neither defendant had answered or

appeared at any hearings.

On April 4, 2025, the trial court signed an order regarding proof of service. In

its order, the trial court noted that Britton had not requested and paid for citations to

be issued against the entities, and thus, they had not been properly served. The trial

court ordered Britton to file proof that he had properly served the entities no later

than April 30, 2025, and warned him that if he failed to do so, his claims against them

may be dismissed for want of prosecution.

3 Almasri and Azzouz’s motion to dismiss had requested attorney’s fees, but at the hearing, they elected to waive the request for attorney’s fees. 4 While Britton’s claims against the entities were still pending, he attempted to appeal the trial court’s order dismissing his claims against Almasri and Azzouz, but we dismissed the appeal for want of jurisdiction. See Britton v. Azzouz, No. 02-24-00206- CV, 2024 WL 3365246, at *1 (Tex. App.—Fort Worth July 11, 2024, no pet.) (mem. op.).

5 On April 24, 2025, Britton filed a document titled “Proof of Service.”5 Britton

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Donald Britton v. Fort Worth Dental Institute, PLLC, and Fast New Smiles of Fort Worth, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-britton-v-fort-worth-dental-institute-pllc-and-fast-new-smiles-of-texapp-2025.