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ALVAREZ v. THOMAS

No. 06-05-00006-CV.

172 S.W.3d 298 (2005)

Daniel ALVAREZ and Wife, Fern Alvarez, Appellants, v. Michael P. THOMAS, M. D., Michael P. Thomas, M.D., P.A., and Gulf Coast Infectious Disease Associates, P.C., Appellees.

Court of Appeals of Texas, Texarkana.

Decided August 26, 2005.

Attorney(s) appearing for the Case

Thomas J. Sibley, Thomas J. Sibley, PC, Beaumont, for appellants.

J. Gregory Myers, Rebecca E. Passman, Kroger, Myers, Frisby & Hirsch, Houston, for appellees.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

More than 180 days had passed since Daniel Alvarez originally filed his healthcare liability lawsuit against Michael P. Thomas, M.D., and Alvarez had neither filed an expert report—as required by Article 4590i, Section 13, of the Texas Revised Civil Statutes—addressing Thomas' actions, nor sought or received any extension of time to file such a report. So, on March 22, 2004, Thomas mailed to the district...

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