(Download) "Coleman V. Woolf" by Court of Appeals Second District of Texas Fort Worth # eBook PDF Kindle ePub Free
eBook details
- Title: Coleman V. Woolf
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 05, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The primary issues we decide in this no-evidence summary judgment appeal are: (1) whether a plaintiff may use an article 4590i, section 13.01 expert report as summary judgment evidence; and (2) whether, if the statute prohibits the use of such a report as summary judgment evidence, the result of attaching such a report to a summary judgment response is a defect of form or a defect of substance. Because the plain language of the statute prohibits use of an article 4590i, section 13.01 expert report "in a deposition, trial, or other proceeding," we hold that it may not be used as summary judgment evidence. See Act of May 18, 1995, 75th Leg., R.S., ch. 140, § 1, sec. 13.01(k)(2), 1995 Tex. Gen. Laws 985, 986, repealed by Act of June 1, 2003, 78th Leg., R.S., ch. 204, § 10.09, 2003 Tex. Gen. Laws 847, 884 (formerly set forth in Tex. Rev. Civ. Stat. Ann. art. 4590i, § 13.01(k)(2), current version at Tex. Civ. Prac. & Rem. Code Ann. § 74.351(j)(2) (Vernon Supp. 2004)).*fn1 We also hold that use of an article 4590i, section 13.01 expert report as summary judgment evidence constitutes a defect of form. Accordingly, we will affirm the trial court's no-evidence summary judgment.