Tesoro v. Alvarez

This is an interlocutory appeal from the trial courts denial of appellant Leonard Tesoro, M.D.s motion to dismiss appellee Emma Alvarezs claims on the basis that she failed to comply with Texas Civil Practice and Remedies Code section 74.351. Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon Supp. 2008) (requiring that an expert report must be filed timely in health care liability claim); see id. § 51.014(a)(9) (Vernon 2008) (providing for an interlocutory appeal from an order denying relief sought by a motion under section 74.351(b)). By four issues, Dr. Tesoro argues that Alvarezs claims against him are health care liability claims and that, because Alvarez failed to provide an expert report, the trial court erred in failing to dismiss her claim with prejudice. Because we conclude that the nature of Alvarezs claim is not health care liability, we affirm.