Texas Health Care, P.L.L.C. and Timothy J. Jones, D.O. v. E. D., a Minor, by and Through Her Parents B.O. and D.D. as Next Friends ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-18-00300-CV
TEXAS HEALTH CARE, P.L.L.C. AND § On Appeal from the 352nd District
TIMOTHY J. JONES, D.O., Appellants Court
V. § of Tarrant County (352-293099-17)
E.D., A MINOR, BY AND THROUGH HER § March 5, 2020
PARENTS B.O. AND D.D. AS NEXT
FRIENDS, Appellee § Opinion by Justice Birdwell
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in the trial court’s judgment. We reverse the trial court’s order denying
Texas Health Care, P.L.L.C. and Timothy J. Jones, D.O.’s motion to dismiss, and we
render judgment dismissing with prejudice the health care liability claims of E.D., by
and through her parents B.O. and D.D. We remand this case to the trial court to
assess Texas Health’s and Dr. Jones’s reasonable attorney’s fees and court costs.
It is further ordered that Appellee shall pay all of the costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Wade Birdwell
Justice Wade Birdwell