Richard L. Shepherd, M.d., and Allan Graham, M.d., Petitioners v. Lahoma Ledford, Respondent; Transamerican Natural…

Summary

The Texas Supreme Court held that Family Code §1.91(b) does not conflict with the two‑year medical‑malpractice limitations in the MLIIA or the two‑year wrongful‑death limitations in the Civil Practice and Remedies Code, and that the one‑year deadline in §1.91(b) only governs the initiation of a proceeding to prove an informal marriage. Accordingly, the Court affirmed the appellate judgment in Shepherd v. Ledford, remanding for juror disqualification, and reversed the appellate judgment in Transamerican v. Fuentes, finding the plaintiff lacked standing. Justice Hecht, joined by Chief Justice Phillips and Justice Owen, concurred in part and dissented in part, arguing that the stipulation did not waive §1.91(b) and that the plaintiffs should not recover.