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BADIGA v. LOPEZ

No. 05-0801.

274 S.W.3d 681 (2009)

S. Murthy BADIGA, M.D., Petitioner, v. Maricruz LOPEZ, Respondent.

Supreme Court of Texas.

Decided January 9, 2009.

Attorney(s) appearing for the Case

R. Brent Cooper, Diana L. Faust, Cooper & Scully, P.C., William Joel Akins, Wilson Elser Moskowitz Edelman & Dicker, Dallas, TX, Steven M. Gonzalez, Edward John Castillo, Gonzalez, Gaytan, Garza & Castillo, L.L.P., McAllen, TX, for Petitioner.

Everto A. Villarreal, Law Office of E.A. Villareal, Jr., Edinburg, TX, for Respondent.

W. Wendell Hall, Fulbright & Jaworski L.L.P., San Antonio, TX, for Amicus Curiae.

Chief Justice JEFFERSON delivered the opinion of the Court, joined by Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice GREEN, Justice JOHNSON, and Justice WILLETT.

The Civil Practice and Remedies Code requires a health care liability claimant to serve expert reports on providers within 120 days after filing suit. If a claimant does not do so, the trial court "must grant" the provider's motion to dismiss the claim, and the provider may appeal from the court...

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