Eberhard Samlowski, M.d., Petitioner v. Carol Wooten, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment remanding the case to the trial court, holding that the trial court did not abuse its discretion in denying a thirty‑day extension to cure a deficient expert report because the record did not show the report could be cured. The Court emphasized the statutory framework of Tex. Civ. Prac. & Rem. Code §74.351 and the need for a record showing curability before finding an abuse of discretion. Justice Johnson dissented, arguing the trial court’s decision should be affirmed without remand, while Justices Wainwright and Guzman filed separate dissenting and concurring opinions.