Yaquinto v. Britt

Appellant James J. Yaquinto, M.D. appeals from the trial courts dismissal without prejudice of health care liability claims brought against him by appellees Van Roger Britt, individually and on behalf of the estate of Kathryn Ann Britt, and as next friend of Amy Britt, a minor, and Jonathan Britt (the Britts). In four issues, Yaquinto generally complains that the trial court abused its discretion by granting the Britts an extension of time to file their expert report under former section 13.01(f) of the Medical Liability and Insurance Improvement Act (the medical liability act) because the Britts did not prove good cause, request a hearing, or give notice. Yaquinto also contends that the trial courts later attempt to grant the Britts an extension under former section 13.01(g) was improper. We affirm.