University of Texas Southwestern Medical Center at Dallas, Petitioner v. the Estate of Irene Esther Arancibia By…

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the 2005 amendment to Government Code §311.034 applies to the case, that the statutory notice prerequisites are jurisdictional, that Southwestern had actual notice of its fault, and that an interlocutory appeal was proper. The Court also rejected the contention that the defendant's answer was a 101.106(f) motion. Justice Johnson dissented, arguing that actual notice was not established and that the judgment should be reversed.