In Re Huag

175 S.W.3d 449, 2005 WL 2037547
CourtCourt of Appeals of Texas
DecidedSeptember 28, 2005
Docket01-05-00173-CV
StatusPublished
Cited by28 cases

This text of 175 S.W.3d 449 (In Re Huag) 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
In Re Huag, 175 S.W.3d 449, 2005 WL 2037547 (Tex. Ct. App. 2005).

Opinions

OPINION ON PETITION FOR WRIT OF MANDAMUS

EVELYN V. EEYES, Justice.

Relators, Eilene Huag, R.N. and Eevin Rittger, M.D. (together referred to as rela-[451]*451tors) have filed a petition for writ of mandamus 1 complaining about the trial court’s2 order granting the real party in interest’s, Harold Dean Willes, Independent Administrator of the Estate of Charles Albert Willes Jr.’s, motion to compel deposition testimony. We conditionally grant the relief requested in relators’ petition for writ of mandamus.

Background

The real party in interest, Willes, filed a medical malpractice suit against relators and others under the Texas Medical Liability Act (TMLA).3 Relators answered and denied Willes’ allegations. On October 7, 2004, Willes sent a request to depose each relator. Both relators declined. In response, Willes filed a motion to compel the deposition testimony of relators. After a hearing, the trial court granted the motion to compel on October 20, 2004.4 On February 24, 2005, relators filed a petition for writ of mandamus seeking relief from this Court to vacate the trial court’s order. Pursuant to our order, the real party in interest has filed a response to relators’ petition for writ of mandamus.

Mandamus

Mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion or the violation of a legal duty when there is no adequate remedy at law. In re Masonite Corp., 997 S.W.2d 194, 197 (Tex.1999). In determining whether there has been a clear abuse of discretion justifying mandamus relief, the reviewing court must consider whether the trial court’s ruling was one compelled by the facts and circumstances or was arbitrary, unreasonable, or reached without reference to any guiding rules or principles. Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 918 (Tex.1985); Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985).

Analysis

Relators ask this Court to interpret section 74.351 of the TMLA. See Tex. Civ. PRAC. & Rem.Code Ann. § 74.351 (Vernon 2005). Statutory interpretation is a question of law. In re Canales, 52 S.W.3d 698, 701 (Tex.2001). Our primary goal is to ascertain and effectuate the legislature’s intent. Albertson’s, Inc. v. Sinclair, 984 S.W.2d 958, 960 (Tex.1999). In doing so, we begin with the statute’s plain language because we assume that the legislature tried to say what it meant and, thus, that its words are the surest guide to its intent. Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865-66 (Tex.1999). To ascertain legislative intent, however, we must look to the statute as a whole and not to its isolated provisions. Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 493 (Tex.2001). In ascertaining legislative intent, we do not confine our review [452]*452to isolated statutory words, phrases, or clauses, but we instead examine the entire act. Mentor Auto., Inc. v. Ruan Leasing Co., 44 S.W.3d 86, 90 (Tex.2001). We may also consider, among other things and whether or not the statute is ambiguous, the statute’s objectives, the circumstances under which the statute was enacted, legislative history, common law, former law, similar provisions, and the consequences of the statutory construction. See Tex. Gov’t Code Ann. § 311.023(l)-(5) (Vernon 2005).

It is a well-settled rule of statutory construction that we must presume that every word of a statute has been used for a purpose. Laidlaw Waste Sys., Inc. v. Wilmer, 904 S.W.2d 656, 659 (Tex.1995). Likewise, we must presume that every word excluded from a statute has been excluded for a purpose. Id. This rule complements another general statutory construction principle that courts should not insert words into a statute except to give effect to clear legislative intent. Id. Moreover, a court of appeals should presume the legislature intended a just and reasonable result in enacting a statute. Segal v. Emmes Capital, L.L.C., 155 S.W.3d 267, 287 (Tex.App.-Houston [1st Dist.] 2004, no pet.). An appellate court should not construe a statute in a manner that will lead to a foolish or absurd result when another alternative is available. Univ. of Tex. Southwestern Med. Ctr. at Dallas v. Loutzenhiser, 140 S.W.3d 351, 367 n. 20 (Tex.2004) (quotations omitted).

With these principles in mind, we turn to the substance of relators’ complaints.

Subsection 74.351(s) of the TMLA stays all discovery in a medical malpractice suit until the expert report has been filed, unless excepted.5 It provides:

(s) Until a claimant has served the expert report and curriculum vitae as required by Subsection (a), all discovery in a health care liability claim is stayed except for the acquisition by the claimant of information, including medical or hospital records or other documents or tangible things, related to the patient’s health care through:
(1) written discovery as defined in Rule 192.7,6 Texas Rules of Civil Procedure;
(2) depositions on written questions under Rule 200,7 Texas Rules of Civil Procedure; and
(3) discovery from nonparties under Rule 205,8 Texas Rules of Civil Procedure.

[453]*453Tex. Civ. PRAC. & Rem.Code Ann. § 74.351(s)(l)-(3) (Vernon 2005).

Subsection 74.351(u) provides, however:

(u) Notwithstanding any other provision of this section, after a claim is filed all claimants, collectively, may take not more than two depositions before the expert report is served as required by Subsection (a).

Tex. Crv. PRAC. & Rem.Code Ann. § 74.351(u) (Vernon 2005) (emphasis added).9

Willes contends that subsection 74.351(u) expands the discovery permitted by section 74.351(s) to permit the claimants to take two oral or written depositions of parties or non-parties, in addition to the depositions permitted by subsection 74.351(s).

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Bluebook (online)
175 S.W.3d 449, 2005 WL 2037547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-huag-texapp-2005.