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PENROD v. SCHECTER

No. 08-07-00121-CV.

319 S.W.3d 737 (2009)

Doris PENROD, Appellant, v. David R. SCHECTER, M.D., Individually and d/b/a Schecter and Blumenfeld, P.A., Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 13, 2010.

Attorney(s) appearing for the Case

Enrique Moreno , Law Offices of Enrique Moreno, Larry W. Hicks , Hicks & Llamas, P.C., El Paso, TX, for Appellant.

Cynthia C. Llamas , Hicks & Llamas, P.C., El Paso, TX, for Appellee.

Before CHEW, C.J., McCLURE, and RIVERA, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

Is it reversible error to permit a jury to decide a case based on an instruction that is neither supported by the evidence, intended by the trial court, nor properly defined? Because we conclude that it is, we reverse and remand.

FACTUAL SUMMARY

Doris Penrod appeals from a take nothing judgment entered in favor of David R. Schecter, M.D., Individually, and d/b/a Schecter and Blumenfeld, P.A...

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