Texas Health Care, P.L.L.C. and Timothy J. Jones, D.O. v. E. D., a Minor, by and Through Her Parents B.O. and D.D. as Next Friends

• Court: Court of Appeals of Texas
• Decided: March 5, 2020
• Docket: 02-18-00300-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-18-00300-CV

TEXAS HEALTH CARE, P.L.L.C. AND § On Appeal from the 352nd District TIMOTHY J. JONES, D.O., Appellants Court

V. § of Tarrant County (352-293099-17)

E.D., A MINOR, BY AND THROUGH HER § March 5, 2020 PARENTS B.O. AND D.D. AS NEXT FRIENDS, Appellee § Opinion by Justice Birdwell

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in the trial court’s judgment. We reverse the trial court’s order denying

Texas Health Care, P.L.L.C. and Timothy J. Jones, D.O.’s motion to dismiss, and we

render judgment dismissing with prejudice the health care liability claims of E.D., by

and through her parents B.O. and D.D. We remand this case to the trial court to

assess Texas Health’s and Dr. Jones’s reasonable attorney’s fees and court costs.

It is further ordered that Appellee shall pay all of the costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Wade Birdwell Justice Wade Birdwell