Jorge Trevino, M. D. v. Betty Carrizales

• Court: Court of Appeals of Texas
• Decided: August 17, 2006
• Docket: 13-05-00556-CV
• Status: Published

Opinion

NUMBER 13-05-556-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

JORGE TREVINO, M.D., ET AL., Appellants,

v.

BETTY CARRIZALES, ET AL., Appellees.

On appeal from the 332nd District Court of Hidalgo County, Texas

MEMORANDUM OPINION

Before Justices Hinojosa, Rodriguez, and Garza

Memorandum Opinion by Justice Garza

This appeal is taken from the trial court's order dismissing with prejudice certain health care liability claims for failure to comply with section 13.01(d) of former article 4590i. See former Tex. Rev. Civ. Stat. art. 4590i § 13.01(d). ⁽¹⁾ According to appellants, the trial court erred in denying their motion for reasonable attorney's fees and costs of court, which was supported by uncontroverted evidence. See id. § 13.01(e)(1). We agree. Although the trial court has discretion to set the amount of reasonable attorney's fees, see Great Global Assurance Co. v. Keltex Properties, 904 S.W.2d 771, 776 (Tex. App.--Corpus Christi 1995, no writ), the court may not, in circumstances such as these, completely deny a duly filed motion for attorneys fee's and costs of court, see Bocquet v. Herring, 972 S.W.2d 19, 20 (Tex. 1998); Doades v. Syed, 94 S.W.3d 664, 674 (Tex. App.--San Antonio 2002, no pet.). Accordingly, the order is reversed and the cause remanded for further proceedings consistent with this opinion.

_________________________

DORI CONTRERAS GARZA,

JUSTICE

Memorandum Opinion delivered and

filed this the 17th day of August, 2006.

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