Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of April 13, 2020.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

In re Bertrand, M.D., No. 02-20-00028-CV (Apr. 16, 2020) (Wallach, J., joined by Gabriel and Womack, JJ.).

Held: Relators’ (defendants’) responses to the requests for disclosure propounded by real parties in interest (plaintiffs) were not due until after plaintiffs’ limitations period for suing potential responsible third parties had expired.  Therefore, defendants’ conduct in failing to respond and seasonably supplement their disclosure responses regarding potential responsible third parties after plaintiffs’ limitations had expired against the potential responsible third parties was immaterial to whether defendants failed to timely disclose potential responsible third parties for purposes of Section 33.004(d) of the Texas Civil Practice and Remedies Code.  Consequently, the trial court abused its discretion by denying defendants’ joint motion for leave to designate responsible third parties, for which there is no adequate remedy by appeal.