Samuel Garcia Jr., M.d., Petitioner v. Maria Gomez

Summary

The Texas Supreme Court held that under Tex. Civ. Prac. & Rem. Code § 74.351(b) a trial court must award reasonable attorney's fees when a claimant fails to serve an expert report within 120 days and there is some evidence the fees were both reasonable and incurred, reversing the appellate court’s affirmation of the trial court’s denial of fees and remanding for further proceedings. Chief Justice Jefferson and Justice Johnson dissented, arguing the statute does not require an award absent proof of fees incurred.