Texas Supreme Court

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

February 25, 201154 Tex. Sup. Ct. J. 574

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment remanding the case, holding that the trial court did not abuse its discretion in denying a 30‑day extension to cure a deficient expert report because the record did not show the report could be cured, and remanded for further proceedings. Justice Johnson dissented, arguing the trial court’s denial was proper, while Justices Wainwright and Guzman each filed separate opinions offering differing views on the proper standard and procedure.