Zanchi v. Lane, 408 S.W.3d 373 (Tex. 2013). · Go Syfert
Zanchi v. Lane, 408 S.W.3d 373 (Tex. 2013). Cases Citing This Book View Copy Cite
284 citation events (284 in the last 25 years) across 6 distinct courts.
Strongest positive: Javier Vasquez and RJT Commercial, Inc. v. Moises Tonche Vargas, Maria Vargas, Individually and as Next Friend of S.A v. and E.I v. Minors and Saul Vargas (texapp, 2025-06-23) · Strongest negative: Bexar County Hospital D/B/A University Health System v. Paul Douglas Harlan (texapp, 2015-08-10)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Bexar County Hospital D/B/A University Health System v. Paul Douglas Harlan (2×) also: Cited "see"
Tex. App. · 2015 · signal: but see · confidence high
This court has cited with approval decisions from other appellate courts holding “that the Legislature intended the term ‘serve’ [in section 74.351(a)] to have the same meaning that it carries in Rule of Civil Procedure 21a.” Botello, 424 S.W.3d at 122 ; but see Zanchi, 408 S.W.3d at 380 (noting court “need not decide whether service in a manner other than that authorized by Rule 21a satisfies the [Code’s] requirement to ‘serve’ an expert report”).
discussed Cited as authority (verbatim quote) Javier Vasquez and RJT Commercial, Inc. v. Moises Tonche Vargas, Maria Vargas, Individually and as Next Friend of S.A v. and E.I v. Minors and Saul Vargas (2×) also: Cited as authority (rule)
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
the texas rules of civil procedure refer to those named in petitions as 'parties,' supporting a conclusion that service of process is not a prerequisite to that designation
discussed Cited as authority (verbatim quote) Nathan Philipp v. Methodist Hospitals of Dallas D/B/A Methodist Dallas Medical Center (2×) also: Cited as authority (rule)
Tex. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
strict compliance with is mandatory.
examined Cited as authority (verbatim quote) Telicia Owens v. Krista G. Handyside, M.D., Samuel J. Prater, M.D., Kenneth A. Totz, D.O., FACEP, and Memorial Hermann Hospital System D/B/A Memorial Hermann - Texas Medical Center (4×) also: Cited "see"
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
he term 'party' means one named in a lawsuit . . . .
examined Cited as authority (verbatim quote) Telicia Owens v. Krista G. Handyside, M.D., Samuel J. Prater, M.D., Kenneth A. Totz, D.O., FACEP, and Memorial Hermann Hospital System D/B/A Memorial Hermann - Texas Medical Center (5×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
we further hold that an expert report need not be 'served' in compliance with the formal requirements of rule 106 that apply specifically to service of citation.
discussed Cited as authority (verbatim quote) Texas Coast Utilities Coalition v. Railroad Commission of Texas and Centerpoint Energy Resources Corp. D/B/A Centerpoint Energy Entex and Centerpoint Energy Texas Gas
Tex. · 2014 · quote attribution · 1 verbatim quote · confidence high
a word's meaning cannot be determined in isolation, but must be drawn from the context in which it is used.
discussed Cited as authority (verbatim quote) Christus Santa Rosa Health Care Corporation v. Jennifer Marie Botello and Edmond M. Ybarra Individually and as Next Friends of Yzabella Marie Ybarra, a Minor Child
Tex. App. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we need not decide whether service in a manner other than that authorized by rule 21a satisfies the requirement to 'serve' an expert report . . . .
discussed Cited as authority (verbatim quote) Christus Santa Rosa Health Care Corporation v. Jennifer Marie Botello and Edmond M. Ybarra Individually and as Next Friends of Yzabella Marie Ybarra, a Minor Child
Tex. App. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we need not decide whether service in a manner other than that authorized by rule 21a satisfies the requirement to 'serve' an expert report . . . .
examined Cited as authority (quoted) Gary Lew Maypole, Sr. v. Acadian Ambulance Service, Inc.
Tex. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
here are constitutional limitations upon the power of courts to dismiss an action without affording a party the opportunity for a hearing on the merits of cause, -13- and those limitations constrain the legislature no less in requiring dismissal.
examined Cited as authority (rule) The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, and Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11 (4×)
Tex. App. · 2025 · confidence medium
The court reasoned that Rule 106 is located in Section 5 of the Texas Rules of Civil Procedure, and by its terms applies only to service of citation, while Rule 205 “governs discovery from nonparties.” Id. at 179 ; Zanchi v. Lane, 408 S.W.3d 373, 380 (Tex. 2013) (holding that “Rule 106 by its terms applies solely to service of citation”).
cited Cited as authority (rule) Ernest Health, Inc. D/B/A South Texas Rehabilitation Hospital v. Martin Castro
Tex. App. · 2024 · confidence medium
“Strict compliance with th[is] provision is mandatory.” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013).
cited Cited as authority (rule) Med Care Emergency Medical Services, Inc., Ericka Gutierrez, and Ramiro Mendoza v. Jimmy Rincon
Tex. App. · 2024 · confidence medium
“Strict compliance with th[is] provision is mandatory.” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013).
discussed Cited as authority (rule) Abilene Regional Medical Center and Brian Ganesh, M.D. v. Eugenia Fae Pierce, Individually, on Behalf of All Wrongful Death Beneficiaries and as Personal Representative of the Estate of Elton Pierce (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013); Rinkle v. Graf, 658 S.W.3d 821 , 825 (Tex. App.—Houston [14th Dist.] 2022, no pet.) (collecting cases); Kendrick, 171 S.W.3d at 704 .
examined Cited as authority (rule) Todd A. Durden v. James T. 'Tully' SHAHAN, in His Official Capacities as County Judge Mark Frerich, in His Official Capacity as County Commissioner Joe Montalvo, in His Official Capacity as County Commissioner Dennis Dodson, in His Official Capacity as County Commissioner Tim Ward, in His Official Capacity as County Commissioner Kinney County Commissioners Court Kinney County, and Rick Alvarado, in His Official Capacity as District and County Clerk of Kinney (4×) also: Cited "see"
Tex. App. · 2023 · confidence medium
Zanchi v. Lane, 408 S.W.3d 373, 378 (Tex. 2013) (citing Mapco, Inc. v. Carter, 817 S.W.2d 686, 687 (Tex. 1991) (per curiam)); Guardianship of Fairley, 650 S.W.3d at 380 (recognizing that “unlike challenges to subject-matter jurisdiction, objections to personal jurisdiction generally can be waived”).
discussed Cited as authority (rule) Barrett Firearms Manufacturing, Inc., Barrett Firearms USA, Inc., and Federal Cartridge Company v. Xavier Flores (2×) also: Cited "see"
Tex. App. · 2023 · confidence medium
The statute does not define the term “party,” but the Texas Supreme Court has construed the common and ordinary meaning of the term as “someone named in a lawsuit.” Zanchi v. Lane, 408 S.W.3d 373, 378 (Tex. 2013) (“Black’s Law Dictionary defines ‘party’ as ‘[o]ne by or against whom a lawsuit is brought <a party to the lawsuit>,’ and Webster’s International Unabridged Dictionary defines party as ‘the plaintiff or defendant in a lawsuit[.]’ Further, the pleading rules in the Texas Rules of Civil Procedure refer to those named in petitions as ‘parties[.]’” (citatio…
discussed Cited as authority (rule) Areezo Daneshvar v. Dr. Yamuna Poornima Jaladanki and Dr. Agnes Ezike (2×) also: Cited "see"
Tex. App. · 2023 · confidence medium
Hebner v. Reddy, 498 4 S.W.3d 37, 41 (Tex. 2016). “[K]nowing what specific conduct the plaintiff’s experts have called into question is critical to both the defendant’s ability to prepare for trial and the trial court’s ability to evaluate the viability of the plaintiff’s claims.” Palacios, 46 S.W.3d at 877 . “[S]trict compliance with this provision is mandatory.” Rinkle, 658 S.W.3d at 825 (citing Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013); Joplin, 525 S.W.3d at 778 ; Callas, 497 S.W.3d at 63–64).
discussed Cited as authority (rule) In the Estate of Jesus Rodriguez Aguero v. the State of Texas (2×)
Tex. App. · 2023 · confidence medium
CODE ANN. § 74.351(b)(2); Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013).
cited Cited as authority (rule) Trinity Healthcare, LLC v. Lilian Peacock, Individually and on Behalf of the Estate of Gladys Cecilia Keels
Tex. App. · 2023 · confidence medium
“Strict compliance with th[is] provision is mandatory.” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013).
discussed Cited as authority (rule) CSL S Weatherford, LLC and Capital Senior Management S, Inc. v. Shirley Jean Arens (2×) also: Cited "see"
Tex. App. · 2023 · confidence medium
“Strict compliance with that provision is mandatory.” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013).
discussed Cited as authority (rule) Vista Medical Center Hospital, Surgery Specialty Hospital of America, Southeast Houston and Vista Hospital of Dallas v. Texas Mutual Insurance Company
Tex. App. · 2022 · confidence medium
Ctr., 623 S.W.3d at 341 (“[W]e strive to give effect to the promulgating agency’s intent, ‘which is generally reflected in the [rules’] plain language.’” (quoting Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013))).
discussed Cited as authority (rule) James Rinkle M.D. v. William Graf & Linda Graf
Tex. App. · 2022 · confidence medium
Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013); see also Joplin, 525 S.W.3d at 778 ; Callas, 497 S.W.3d at 63–64. 4 While section 74.351 does not define “serve,” the TMLA provides that “[a]ny legal term or word of art used in this chapter, not otherwise defined in this chapter, shall have such meaning as is consistent with the common law.” Tex. Civ.
discussed Cited as authority (rule) in the Guardianship of James Alton Titus, an Incapacitated Person
Tex. App. · 2021 · confidence medium
Whether or not Simmons Bank was a residuary devisee of Titus’s will, at the time the bank filed its Petition for Bill of Review, there was no guardianship “estate being administered.” As the Supreme Court has repeatedly instructed us, the goal of statutory construction is to “determine and give effect to the Legislature’s intent,” and the Legislature’s intent “is generally reflected in the statute’s plain language.” Zanchi v. Lane, 408 S.W.3d, 373, 376 (Tex. 2013).
cited Cited as authority (rule) John T. Nguyen, MD, FACS, FICS v. Mary Lavigne
Tex. App. · 2021 · confidence medium
“Strict compliance with [section 74.351(a)] is mandatory.” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013); see Callas, 497 S.W.3d at 63 .
cited Cited as authority (rule) Patients Medical Center v. Facility Insurance Corporation
Tex. · 2021 · confidence medium
That is, we strive to give effect to the promulgating agency’s intent, “which is generally reflected in the [rules’] plain language.” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013).
discussed Cited as authority (rule) in Re the Commitment of Gregory A. Jones
Tex. · 2020 · confidence medium
Subsection (b) says nothing about the number of votes needed for a “no” verdict, that is, a verdict for the defendant declining to find that the defendant is an SVP. 5 Had the Legislature intended for subsection (b) to apply to both “yes” and “no” verdicts, it could easily have done so, for example, by requiring unanimity for a “determination of whether the person is a sexually violent predator.” See Zanchi v. Lane, 408 S.W.3d 373, 380 (Tex. 2013) (noting that if the Legislature had intended the service-of-citation rule to apply to service of expert reports in a health care lia…
discussed Cited as authority (rule) Scottsdale Insurance Company v. All Citizens Transportation, LLC
E.D. Tex. · 2020 · confidence medium
CODE ANN. §§ 651.001–.209, which regulates premium finance companies, “must be read as a whole according to its plain language and ordinary meaning.” 10 468 S.W.3d at 130 (citing Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013); R.R.
discussed Cited as authority (rule) in Re Comaneche Turner, as Natural Parent and Next Friend of M.T., a Minor
Tex. · 2019 · confidence medium
CIV. 7 As Turner correctly notes, we held in Zanchi v. Lane that service of an expert report on a named defendant qualifies as service of the report on a “party” under section 74.351(a), even if the defendant has not yet been served with citation. 408 S.W.3d 373, 375 (Tex. 2013).
discussed Cited as authority (rule) the University of Texas Medical Branch at Galveston v. Francis Durisseau, Individually and as Administrator of the Estate of Michael Durisseau (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013); see also Joplin, 525 S.W.3d at 778 and Callas, 497 S.W.3d at 63 .
discussed Cited as authority (rule) Celena Morris R.N., Micheaux Thomas R.N. and Wendy Calvert R.N. v. Brenda Ponce and Ricco Gonzales as Natural Parents, Next Friends and Legal Guardians of E.G, a Minor
Tex. App. · 2019 · confidence medium
“If the claimant does not serve an expert report by the statutory deadline and the parties have not agreed to extend the deadline, the statute requires . . . dismissal of the claim with prejudice ‘on the motion of the affected physician or health care provider.’” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013) (quoting Tex. Civ.
discussed Cited as authority (rule) Michael Sutker, M.D. and Surgical Consultants of Dallas, LLC v. Dorcas Simmons (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013).
discussed Cited as authority (rule) in Re Dennis W. Berry, Marvin G. Berry, Bay Inc., Berry GP, Inc. D/B/A Berry Contracting and Berry Contracting, LP D/B/A Bay Ltd
Tex. App. · 2019 · confidence medium
According to the Texas Supreme Court, “Rule 106 by its terms applies solely to service of citation.” Zanchi v. Lane, 408 S.W.3d 373, 380 (Tex. 2013) (rejecting the argument that a defendant required to serve an expert report must comply with the service-of-citation requirements of Rule 106). 9 In contrast, Texas Rule of Civil Procedure 205 governs discovery from nonparties.
discussed Cited as authority (rule) in Re HMR Funding, LLC
Tex. App. · 2018 · confidence medium
P. 120 (providing that a defendant’s appearance “shall have the same force and effect as if the citation had been duly issued and served a provided by law”); Zanchi v. Lane, 408 S.W.3d 373, 379 (Tex. 2013) (holding that objection provision in section 74.351(a) of the Texas Civil Practice and Remedies Code is not implicated until the defendant has an obligation to take part in the proceedings and, as a result the twenty-one-day objection period does not begin to run until the defendant is served with process); Ross v. Nat’l Ctr. for the Emp’t of the Disabled, 197 S.W.3d 795, 798 (Tex.…
examined Cited as authority (rule) Drake v. Walker (3×) also: Cited "see"
Tex. App. · 2017 · confidence medium
“The aim of statutory construction is to determine and give effect to the Legislature’s intent, which is generally reflected in the statute’s plain language.” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013) (quoting CHCA Woman’s Hosp., L.P. v. Lidji, 403 S.W.3d 228, 231 (Tex. 2013)).
cited Cited as authority (rule) University of Texas Health Science Center at Houston v. Joplin
Tex. App. · 2017 · confidence medium
However, “[s]trict compliance with [section 74.351(a) ] is mandatory.” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013); see Callas, 497 S.W.3d at 63 .
discussed Cited as authority (rule) Jimmy Noah v. Donald Wikoff, M.D., and Wikoff Urology, P.A. (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
Because the Texas Supreme Court has defined the term “party” to mean “one named in a lawsuit,” Zanchi v. Lane, 408 S.W.3d 373, 377 (Tex. 2013), and because Wikoff was not named in Noah’s lawsuit until three days after service of the expert report, he concludes that the report does not comply with the statute.
examined Cited as authority (rule) Hebner v. Reddy (9×) also: Cited "see"
Tex. · 2016 · confidence medium
We held that “in the context of the [Act], the term ‘party’ means one named in a lawsuit,” without regard to whether they had yet been served or appeared in the lawsuit, noting that this definition best served the Act’s purpose of “eliminat[ing] frivolous [healthcare-liability claims] expeditiously” and “preserving those of potential merit” by giving defendants “advance notice of the pending lawsuit and the alleged conduct at issue.” Id. at 377-79 (internal alterations omitted).
cited Cited as authority (rule) McAllen Hospitals, L.P., McAllen Hospitals, L.P. D/B/A McAllen Medical Center, McAllen Medical Center, McAllen Hospitals, L.P. D/B/A South Texas Health System and South Texas Health System v. Mario I. Rodriguez and Liduvina Iracheta, Individually and as Next Friends of XXXX, a Minor
Tex. App. · 2015 · confidence medium
“Strict compliance with that provision is mandatory.” Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013) (emphasis added) (citing Stockton, 336 S.W.3d at 614 ).
examined Cited as authority (rule) Owens v. Handyside (4×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Code Ann. § 74.351 (a)) (requiring expert report to- be served on "party”); Zanchi v. Lane, - 408 S.W.3d 373, 377 (Tex.2013) (”[T]he term .‘party’ means one named in a lawsuit — ”).
examined Cited as authority (rule) in Re Seneca Resources Corporation (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2015 · confidence medium
(Seneca’s Brief on the Merits at p. 23) (citing Zanchi v. Lane, 408 S.W.3d 373, 378 (Tex. 2013); Presdio Indep.
discussed Cited as authority (rule) the University of Texas Medical Branch at Galveston v. Carolyn Callas, Ray Callas and Jamie Callas, Individually and as the Representatives of the Estate of Gerald Callas and for and on Behalf of Any Wrongful Death Beneficiaries
Tex. App. · 2015 · confidence medium
In discussing these provisions, the Texas Supreme Court stated in Zanchi v. Lane, 408 S.W. 3d 373, 376 (Tex. 2013): In order to proceed with an HCLC, a claimant must comply with the expert-report requirement of the TMLA.
discussed Cited as authority (rule) Dos Republicas Coal Partnership v. David Saucedo, as Floodplain Administrator and County Judge of the Maverick County Commissioners Court, and the Maverick County Commissioners Court
Tex. App. · 2015 · confidence medium
We begin, instead, with the language of the statute. 10 Examples of our reliance on these various sources to determine a word's common, ordinary meaning are too numerous to cite, but for examples from opinions we issued just within the past two years, see Zanchi v. Lane, 408 S.W.3d 373, 378 (Tex.2013) (relying on dictionary definitions, our prior decisions, the rules of procedure, and statutory definitions for the common meaning of “party”); Rachal v. Reitz, 403 S.W.3d 840, 845 (Tex.2013) (relying on dictionary definitions and treatises for the common meaning of “agreement”); Morton v.…
discussed Cited as authority (rule) Francie Willis v. Bpmt, Llc
Tex. App. · 2015 · confidence medium
Although courts frequently consult dictionaries to ascertain the plain meaning of an undefined term, see, e.g., Zanchi v. Lane, 408 S.W.3d 373, 378 (Tex.2013), such an approach fails,to resolve conclusively the meaning of “debt” in this case.
discussed Cited as authority (rule) Untitled Texas Attorney General Opinion
Tex. Att'y Gen. · 2015 · confidence medium
Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013). '"Legislative intent is best revealed in legislative language."' In re Office of Att'y Gen., 422 S.W.3d 623, 629 (Tex. 2013) (orig. proceeding) (quoting Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433, 437 (Tex. 1 See Letter from Honorable Abelino Reyna, McLennan Cnty.
cited Cited as authority (rule) Untitled Texas Attorney General Opinion
Tex. Att'y Gen. · 2015 · confidence medium
Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex. 2013).
cited Cited as authority (rule) Randol Mill Pharmacy v. Miller
Tex. · 2015 · confidence medium
Zanchi v. Lane, 408 S.W.3d 373, 376 (Tex.2013).
discussed Cited as authority (rule) Dr. Matthew Alexander, M.D., Individually and as President of South Texas Brain and Spine Center And South Texas Brain and Spine Center v. Darlene Garza (2×)
Tex. App. · 2015 · confidence medium
Ctr. v. Gutierrez, 237 S.W.3d 869 (Tex. App.—Houston [1st Dist.] 2007, pet. denied)............... 11 Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) .......................................................................11, 12 Zanchi v. Lane, 408 S.W.3d 373, 375 (Tex. 2013) .................................................................... 18 Statutes Page(s) TEX.
examined Cited as authority (rule) Matthews v. Lenoir (3×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Zanchi v. Lane, 408 S.W.3d 373, 377, 380-81 (Tex.2013) (concluding that “a physician or health care provider against whom [a health care liability claim] is asserted is a ‘party’” who must be timely served expert report regardless of whether he has been served process in underlying suit).
discussed Cited as authority (rule) Gary Wayne Jaster v. Comet II Construction, Inc., Joe H. Schneider, Laura H. Schneider, and Austin Design Group
Tex. · 2014 · confidence medium
Examples of our reliance on these various sources to determine a word’s common, ordinary meaning are too numerous to cite, but for examples from opinions we issued just within the past two years, see Zanchi v. Lane, 408 S.W.3d 373, 378 (Tex.2013) (relying on dictionary definitions, our prior decisions, the rules of procedure, and statutory definitions for the common meaning of “party”); Rachal v. Reitz, 403 S.W.3d 840, 845 (Tex.2013) (relying on dictionary definitions and treatises for the common meaning of "agreement”); Morton v. Nguyen, 412 S.W.3d 506, 510-12 (Tex. 2013) (relying on …
examined Cited as authority (rule) Nagakrishna Reddy, M.D. And New Braunfels Ob/Gyn, P.A. v. Haley Hebner and Darrin Charles Scott, Individually and as Next Friends of R. M. S., a Minor (11×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2014 · confidence medium
As with the MLA’s statutory predecessor, the Medical Liability and Insurance Improvement Act (MLIIA), the Legislature’s goal in the MLA was to make health care more available and affordable by reducing the cost of health-care-liability claims, and to that end it has imposed the expert-report requirements in an attempt to deter, identify, and eliminate frivolous lawsuits early in litigation.15 In so doing, the Legislature has in essence determined that a claimant’s inability to provide an MLA- compliant expert report to support its claim within the required time frame “‘means that the…
Retrieving the full opinion text from the archive…
Michael A. ZANCHI, M.D., Michael A. Zanchi, M.D., P.A., and Paris Regional Anesthesia, P.A.
v.
Reginald Keith LANE, Individually and as Personal Representative of the Estate of Juameka Cynarra Ross
No. 11-0826.
Texas Supreme Court.
Aug 30, 2013.
408 S.W.3d 373
Charles G. Bell, Kruger, Bell & Bailey LLP, Michael Alan Yanof, Thompson Coe Cousins & Irons LLP, Dallas, TX, Sara M. Berkeley, Thompson Coe Cousins & Irons LLP, Austin, TX, for Petitioner Michael A. Zanchi, M.D., Darrell L. Keith, Keith Law Firm PC, Fort Worth, TX, for Respondent Reginald Keith Lane.
Hecht, Lehrmann.
Cited by 105 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Court of Appeals of Texas (1)

Lead Opinion

Justice LEHRMANN

delivered the opinion of the Court.

“In a health care liability claim, a claimant shall, not later than the 120th day after the date the original petition was filed, serve on each party or the party’s attorney one or more expert reports.... ” Tex. Civ. Prac. & Rem.Code § 74.351(a). Today we determine whether a claimant asserting a health care liability claim (HCLC) complies with section 74.351(a)’s mandate to serve an expert report on a “party” by serving the report on a defendant who has not yet been served with process. Because we construe the term “party” in section 74.351(a) to mean one named in a lawsuit, we hold that he does. We further hold that “service” of an expert report on such a defendant need not comport with the service requirements in Rule 106 of the Texas Rules of Civil Procedure that apply specifically to service of citation. Accordingly, we affirm the judgment of the court of appeals.

[*376] I. Factual and Procedural Background

Juameka Cynarra Ross died after undergoing a splenectomy at Paris Regional Medical Center (the Hospital) in Paris, Texas. On April 21, 2010, Reginald Keith Lane, individually and as personal representative of Ross’s estate, filed suit under the Texas Medical Liability Act (TMLA) against anesthesiologist Michael A. Zanchi, M.D., alleging that Zanchi’s medical negligence resulted in Ross’s death. It is undisputed by the parties that Zanchi was not served with process until September 16, 2010. Lane attributes this delay, at least in part, to Zanchi’s conduct, arguing that Zanchi actively evaded service. In the meantime, however, Lane mailed the expert report and curriculum vitae of Jeffrey Wagner, M.D., to Zanchi at five different locations (including the Hospital) by certified mail on August 19, 2010, which was the statutory deadline for serving the report. Four of the mailings were returned unclaimed, but a Chuey Potter signed for the mailing sent to the Hospital. The record does not reflect Zanchi’s relationship to Potter, and Zanchi has neither admitted nor denied receiving Wagner’s report.

Zanchi filed a motion to dismiss the suit for failure to timely serve an expert report as required by section 74.351(a) of the Texas Civil Practice and Remedies Code. At the hearing on the motion to dismiss, Zanchi specifically argued that he was not a “party” to Lane’s suit until he was served with process, so any transmittal of Wagner’s report to him before the date on which he was served could not satisfy section 74.351(a). Zanchi did not file any objections to the substance of the expert report. The trial court denied Zanchi’s motion to dismiss. The court of appeals, with one justice concurring and one justice dissenting, affirmed, holding that “one is a ‘party’ if so named in a pleading, whether or not yet served [with process].” Zanchi v. Lane, 349 S.W.3d 97, 100 (Tex.App-Texarkana 2011).

II. The Expert-Report Requirement and Applicable Legal Standards

In order to proceed with an HCLC, a claimant must comply with the expert-report requirement of the TMLA. See Tex. Civ. Prao. & Rem.Code § 74.351; Stockton v. Offenbach, 336 S.W.3d 610, 614 (Tex.2011). Section 74.351(a) provides that “[i]n a health care liability claim, a claimant shall, not later than the 120th day after the date the original petition was filed, serve on each party or the party’s attorney one or more expert reports.” Tex. Civ. Prac. & Rem.Code § 74.351(a). Strict compliance with that provision is mandatory. Stockton, 336 S.W.3d at 614. If the claimant does not serve an expert report by the statutory deadline and the parties have not agreed to extend the deadline, the statute requires, with one exception not relevant here, dismissal of the claim with prejudice “on the motion of the affected physician or health care provider.” Tex. Civ. Prao. & Rem. Code § 74.351(b).

Matters of statutory construction are legal questions that we review de novo. Tex. W. Oaks Hosp., LP v. Williams, 371 S.W.3d 171, 177 (Tex.2012). “The aim of statutory construction is to determine and give effect to the Legislature’s intent, which is generally reflected in the statute’s plain language.” CHCA Woman’s Hosp., L.P. v. Lidji, 403 S.W.3d 228, 231 (Tex.2013). A word’s meaning cannot be determined in isolation, but must be drawn from the context in which it is used. TGS-NOPEC Geophysical Co. v. Combs, 340 S.W.3d 432, 441 (Tex.2011).

[*377] III. Discussion

A. The Meaning of “Party” under the TMLA

In his first issue, Zanchi argues that a defendant is not a “party” to an HCLC until he is served with process, waives service, or otherwise appears in a lawsuit. He contends that he did not become a “party” to this lawsuit until September 16, 2010, the day Lane served him with process. As a result, Zanchi argues, Lane did not comply with the requirement in section 74.351(a) that he serve the expert report on a “party” within 120 days of filing suit, and the trial court was required to dismiss Lane’s suit. We disagree. We conclude that, in the context of the TMLA, the term “party” means one named in a lawsuit and that service of the expert report on Zanchi before he was served with process satisfied the TMLA’s expert-report requirement.

The TMLA does not define the term “party,” but provides that “[a]ny legal term or word of art used in this chapter, not otherwise defined in this chapter, shall have such meaning as is consistent with the common law.” Tex. Civ. Prao. & Rem. Code § 74.001(b). This Court has never directly addressed the meaning of the term “party” in the context of the TMLA’s expert-report requirement. However, we have stated that “because [a health care provider] was named in the original petition as a party to this suit, the [claimants] were required to serve it with a report before the statutory period expired,” indicating that one becomes a “party” to an HCLC when named in the lawsuit. Gardner v. U.S. Imaging, Inc., 274 S.W.3d 669, 671 (Tex.2008) (emphasis added). In addition, we have tacitly recognized in other contexts that one can be a “party” to a legal proceeding even though he is not served with process. See, e.g., In re E.R., 385 S.W.3d 552, 563 (Tex.2012) (“If service is invalid, it is ‘of no effect’ and cannot establish the trial court’s jurisdiction over a party.”); Ross v. Nat’l Ctr. for the Emp’t of the Disabled 197 S.W.3d 795, 796-98 (Tex.2006) (holding that the “trial court had no jurisdiction either to enter judgment or to enforce it against a party who had neither been properly served nor appeared” and that “the court of appeals erred in finding that a party never served can challenge a default judgment only if he first complies with it”); M.O. Dental Lab v. Rape, 139 S.W.3d 671, 674 (Tex.2004) (stating that the “remaining party was never served with citation”); Caldwell v. Barnes, 154 S.W.3d 93, 97 n. 1 (Tex.2004) (“A party who becomes aware of the proceedings without proper service of process has no duty to participate in them.”). These cases confirm that a person can be a “party” to a lawsuit even though, not having been served with process, the person has no duty to participate in, and may not be bound by, the proceedings. We must presume that the Legislature was aware of our construction of the term in enacting the TMLA. Tooke v. City of Mexia, 197 S.W.3d 325, 361 (Tex.2006).

Five courts of appeals have previously considered the question of when a defendant becomes a “party” under section 74.351(a), but, unlike the court of appeals here, they all determined that “party” means one who has been named in an HCLC and served with citation and a copy of the petition, accepted or waived such service, or made an appearance. Key v. Muse, 352 S.W.3d 857, 860-64 (Tex.App.Dallas 2011, no pet.); Carroll v. Humsi, 342 S.W.3d 693, 701 (Tex.App.-Austin 2011, no pet.); Dingler v. Tucker, 301 S.W.3d 761, 766-68 (Tex.App.-Fort Worth 2009, pet. denied); Carreras v. Zamora, 294 S.W.3d 348, 350 (Tex.App.-Corpus Christi 2009, no pet.); Yilmaz v. McGregor, 265 S.W.3d 631, 640 (Tex.App.-Houston [1st[*378] Dist.] 2008, pet. denied). As explained by the court below, in espousing that definition of “party,” those courts of appeals relied principally on Mapco, Inc. v. Carter, 817 S.W.2d 686 (Tex.1991) (per curiam), for the common-law formulation of that definition.[1] 349 S.W.3d at 101. Such reliance is misplaced. We recognized in Map-co that a party must be served, accept or waive service, or otherwise appear before judgment may be rendered against him. Mapco, 817 S.W.2d at 687. The concept of personal jurisdiction, however, is distinct from the concept of party status. Rendering judgment against a party who has not yet been served with process, accepted or waived service, or otherwise appeared raises due process concerns that are not implicated when serving a defendant with an expert report. See Omni Capital v. Rudolf Wolff & Co., 484 U.S. 97, 103-04, 108 S.Ct. 404, 98 L.Ed.2d 415 (1987) (stating that, as a matter of due process, before a court may exercise personal jurisdiction over a defendant the procedural requirement of service of summons must be satisfied). Indeed, our interpretation of “party” does not prejudice the defendant; rather, it gives the defendant advance notice of the pending lawsuit and the alleged conduct at issue. Moreover, nowhere in Mapco did we even attempt to define the word party. Zanchi does not point to any other case law, and we can find none, holding that service of process is generally a prerequisite to “party” status.

Recognizing a person named in a filed pleading as a “party” is consistent with dictionary definitions of the term as well as the Texas Rules of Civil Procedure. Black’s Law Dictionary defines “party” as “[o]ne by or against whom a lawsuit is brought <a party to the lawsuit>,” Black’s Law Dictionary 1231-32 (9th ed.2009), and Webster’s International Unabridged Dictionary defines party as “the plaintiff or defendant in a lawsuit,” Webster’s Int’l Dictionary Unabridged 1648 (3d ed.2002). Further, the pleading rules in the Texas Rules of Civil Procedure refer to those named in petitions as “parties,” supporting a conclusion that service of process is not a prerequisite to that designation. Tex.R. Civ. P. 79 (requiring that a petition list the “parties”).

Not only does construing “party” to mean someone named in a lawsuit better comport with the common usage of the term, this construction is particularly persuasive under the TMLA, where “defendant” — a type of party — is statutorily defined as a “physician or health care provider against whom a health care liability claim is asserted,” without regard to whether the physician or provider has been served. Tex. Civ. Prac. & Rem.Code § 74.351(r)(4). This construction also makes sense given that the statutory period to serve an expert report runs from the date of filing the suit, not the date on which citation is served. Id. § 74.351(a); see also Stockton, 336 S.W.3d at 618-19 (explaining that the purpose of the TMLA would not be frustrated if the Legislature had calculated the expert report deadline from the date of a provider’s service or appearance, but that the Legislature chose not to do so). Beginning the period for serving an expert report on the date of filing suggests that a “party” on which to serve the report exists on the date of filing.

Significantly, interpreting “party” to mean one named in the lawsuit best effectuates the purpose of the TMLA, which is “to identify and eliminate frivolous[*379] [HCLCs] expeditiously, while preserving those of potential merit.” Samlowski v. Wooten, 332 S.W.3d 404, 410 (Tex.2011) (citing Act of June 2, 2003, 78th Leg., R.S., ch. 204, § 10.11(b)(1), (3), 2003 Tex. Gen. Laws 847, 884); see also Leland v. Brandal, 257 S.W.3d 204, 208 (Tex.2008) (noting that in “section 74.351, the Legislature struck a careful balance between eradicating frivolous claims and preserving meritorious ones”). Defining “party” as one named in the lawsuit, then, does not affect the expert report deadline; it still falls on the 120th day after the original petition is filed. In turn, failure to meet that deadline will result in dismissal of the claim under section 74.351(b). Accordingly, our interpretation ensures that meritorious claims remain viable, while frivolous claims are eliminated quickly, by requiring an expert report early in the proceeding.

We turn next to the implications of our interpretation on the objection provision of section 74.351(a), which states that a defendant “whose conduct is implicated in a report must file and serve any objection to the sufficiency of the report not later than the 21st day after the date it was served, failing which all objections are waived.” Tex. Civ. Prao. & Rem.Code § 74.351(a). Zanchi argues that interpreting “party” as one named in the lawsuit could create a scenario in which a defendant physician is required to file and serve his objections before he is served with process or otherwise brought under the court’s jurisdiction. The court of appeals held that the objection provision is not implicated until the defendant has an obligation to take part in the proceedings and that, as a result, the twenty-one-day objection period does not begin to run until the defendant is served with process. 349 S.W.3d at 102-03. We agree. See, e.g., Ross, 197 S.W.3d at 798 (“While diligence is required from properly served parties or those who have appeared, ... those not properly served have no duty to act, diligently or otherwise.”); Caldwell, 154 S.W.3d at 97 n. 1 (noting that a party has no duty to participate in a proceeding until served with process). While the statute does not expressly provide for tolling the objection period, neither does it expressly insert a 120-day deadline for service of process in an HCLC, which is the practical effect of Zanchi’s interpretation. Because the statute does not appear to contemplate the exact factual scenario presented here, neither party’s interpretation is without its shortcomings,[2] but the construction we adopt here best fits the common usage of the term “party,” does the least damage to[*380] the statutory language, and best comports with the statute’s purpose. See Gardner, 274 S.W.Sd at 671 (holding, in the default judgment context, that the defendant’s failure to appear after proper service of citation tolled the 120-day time period for serving an expert report until the defendant made an appearance).

While we agree with the court of appeals’ majority opinion that Zanchi’s twenty-one-day period for objecting to the report did not begin to run until he was served with process, we also agree with the concurring opinion that Zanchi’s opportunity to raise any objections to the substance of the expert report has passed. See 349 S.W.Sd at 107. Zanchi could have objected within twenty-one days of service of process and, at the time he was served, had already had the expert report for over twenty-one days. He thus had ample opportunity to prepare his objections, but failed to raise them.[3]

B. Method of Service of Expert Report

In Zanchi’s second issue, he argues that in order to “serve” an expert report on a defendant who has not yet been served with process, the claimant must comply with the service-of-citation requirements under Texas Rule of Civil Procedure 106. We disagree. Rule 106 by its terms applies solely to service of citation. Tex.R. Civ. P. 106. If the Legislature had intended to require a claimant to serve an expert report in accordance with Rule 106, it clearly knew how to do so. See, e.g., Tex.Code CRiM. PROC. art. 59.04(b) (requiring that, to institute civil forfeiture proceedings, the state’s attorney “shall cause certified copies of the notice to be served ... in the same manner as provided for the service of process by citation in civil cases”). We need not decide whether service in a manner other than that authorized by Rule 21a satisfies the TMLA’s requirement to “serve” an expert report because, here, Zanchi does not dispute either that Lane sent the expert report on the statutory deadline, via certified mail,[4] or that Zanchi actually received the expert report.[5] See Tex.R. Civ. P. 21a.

IV. Conclusion

For the foregoing reasons, we conclude that, under section 74.351(a) of the TMLA, a physician or health care provider against whom an HCLC is asserted is a[*381] “party” who may be served with an expert report regardless of whether he has been served with process. We further hold that an expert report need not be “served” in compliance with the formal requirements of Rule 106 that apply specifically to service of citation. Accordingly, we affirm the judgment of the court of appeals.

Justice HECHT filed a concurring opinion.
1

That is, these opinions either cite to Mapco or reference other opinions that themselves rely on Mapco.

2

By contrast, section 74.351(a) was recently amended to change the expert-report deadline to run from the date on which the defendant's answer is filed, rather than from the date on which the petition is filed. Act of May 26, 2013, 83d Leg., R.S., ch. 870, § 2, -Tex. Gen. Laws -, -. The amendment also changes the defendant's deadline to object to the report to twenty-one days after the later of the date the report is served or the date the defendant's answer is filed. Id. Specifically, the amended statute provides:

In a health care liability claim, a claimant shall, not later than the 120th day after the date each defendant’s original answer is filed, serve on that party or the party’s attorney one or more expert reports.... Each defendant physician or health care provider whose conduct is implicated in a report must file and serve any objection to the sufficiency of the report not later than the later of the 21st day after the date the report is served or the 21st day after the date the defendant’s answer is filed, failing which all objections are waived.

Id. The amendment does not take effect until September 1, 2013, and thus does not affect this case. Id. at -. However, we note that, under the amended statute, a claimant asserting a health care liability claim will never be required to serve an expert report before the defendant is served with process, waives service, or otherwise appears in the lawsuit.

3

Neither claimants nor defendants are prejudiced under our interpretation of "party." A claimant with a meritorious claim will not be deprived of his day in court based on a technicality or the gamesmanship of the defendant, and a defendant will always have at least twenty-one days to formulate his objections.

4

Rule 21 a of the Texas Rules of Civil Procedure authorizes service by one of four methods of delivery: (1) in person, by agent, or by courier receipted delivery; (2) by certified or registered mail to the party's last known' address; (3) by telephonic document transfer to the recipient's current telecopier number; or (4) by such other manner as the court in its discretion may direct. Tex.R. Civ. P. 21a; see also Stockton, 336 S.W.3d at 615. Several courts of appeals have interpreted the word "serve” in section 74.351(a) to require compliance with Rule 21a. See, e.g., Breiten v. Shatery, 365 S.W.3d 829, 832 (Tex.App.-El Paso 2012, no pet.); Nexion Health at Beechnut, Inc. v. Paul, 335 S.W.3d 716, 718 (Tex.App.-Houston [14th Dist.] 2011, no pet.); Univ. of Tex. Health Sci. Ctr. at Houston v. Gutierrez, 237 S.W.3d 869, 872 (Tex.App.Houston [1st Dist.] 2007, pet. denied); Herrera v. Seton Nw. Hosp., 212 S.W.3d 452, 459 (Tex.App.-Austin 2006, no pet.); Kendrick v. Garcia, 171 S.W.3d 698, 703-04 (Tex.App.-Eastland 2005, pet. denied). Zanchi assumes that, if Rule 106 does not apply, then Rule 21a does.

5

Zanchi generally states that it is "questionable whether the [expert] report was 'served' on Zanchi under Rule 21a.” Without more detail, this argument is not preserved.

Concurrence

Justice HECHT,

concurring.

Section 74.851(a) of the Texas Civil Practice and Remedies Code requires that a health care liability claimant “shall, not later than the 120th day after the date the original petition was filed, serve on each party or the party’s attorney one or more expert reports ... for each physician or health care provider against whom a liability claim is asserted.”[1] Otherwise, the claim against that physician or health care provider must be dismissed.[2] Respondents delivered their expert report to petitioners within 120 days of filing suit, but petitioners contend they were not parties during that period because they were not served with citation until later, and thus respondents failed to serve “each party or the party’s attorney” by the deadline. The Court disagrees.

I join the Court’s opinion with this reservation: resolution of the issue cannot turn on the meaning of “party” in the abstract. Sometimes “party” is used to include a person who is named as a defendant in the plaintiff’s pleadings but never becomes a formal participant by service, waiver, or appearance.[3] Sometimes the word refers only to actual participants.[4] Sometimes non-participants are treated as if they were parties.[5] The dictionary definitions of “party” — “[o]ne by or against whom a lawsuit is brought”,[6] “litigant”[7] — do not suggest whether the person must be, or need not be, an actual, formal participant in a case. In the end, nothing supports the Court’s conclusion that “construing ‘party' to mean someone named in a lawsuit better eomport[s] with the com[*382] mon usage of the term”,[8] a conclusion rejected by five courts of appeals, all trying to follow this Court’s precedents.

Nor do other provisions of the Medical Liability Act shed any light on the matter. The one the Court cites, and the only one I see, is Section 74.351(r)(4), which defines “defendant” as someone “against whom a health care liability claim is asserted.”[9] Since a “party” entitled to an expert report is a defendant, one can argue that the Legislature had in mind someone against whom a claim has been asserted, though not necessarily served. But one can just as easily argue that if the Legislature had meant for the expert report deadline to apply to anyone against whom a claim is asserted without being served, it would have used “defendant” in Section 74.351(a). By using “party”, the argument would go, the Legislature must have intended something different — someone actually in the lawsuit and not merely named as a defendant. If one of these arguments is stronger than the other, it is hard to see which is which.

Only as a last resort does the Court look for guidance to the purpose of the expert report requirement and deadline, which is “to identify and eliminate frivolous health care liability claims expeditiously, while preserving those of potential merit.”[10] If “party” in Section 74.351(a) is read to mean only a defendant who has been served, has waived service, or has appeared, then in the situation before us, the claim must be dismissed, not because it is frivolous — the claimants have an expert report showing their claim has merit — but because the defendants are hard to find. Petitioners’ construction of Section 74.351(a) is contradicted, not by the better meaning of “party”, if one could be determined, but by the Legislature’s stated purpose in enacting the expert report requirement. We have said:

The cardinal rule in statutory interpretation and construction is to seek out the legislative intent from a general view of the enactment as a whole, and, once the intent has been ascertained, to construe the statute so as to give effect to the purpose of the Legislature. It is recognized that a statute is to be construed with reference to its manifest object, and if the language is susceptible of two constructions, one of which will carry out and the other defeat such manifest object, it should receive the former construction.[11]

“Party” must be interpreted to include a person named but not served, not because that meaning is better in some abstract sense, but because that interpretation is the one that avoids defeating the very statute we are construing.

An interpretation of Section 74.351(a) that results in the dismissal of claims without regard to the merits must be rejected for another reason. “It must be remembered that there are constitutional limitations upon the power of courts to dismiss an action without affording a party the opportunity for a hearing on the merits of his cause, and those limitations constrain the Legislature no less in requiring dis[*383] missal.”[12] In Section 74.351(a), the Legislature has in effect authorized a presumption that a claim lacks merit and should be dismissed if the claimant cannot provide a supporting expert report within 120 days after filing suit. While that presumption may not violate Due Process or Open Courts, the same could not be said for a presumption of no merit based on a claimant’s inability to find the defendant within the same time period. Section 74.351(a) need not, and therefore should not, be interpreted to create a potentially constitutionally infirm presumption.[13]

Appellate courts should apply Section 74.351 consistent with the Legislature’s purpose as expressly stated in the Medical Liability Act. Justice Carter’s admonition in his concurring opinion in the court of appeals is worth repeating:

The Legislature determined that expert reports must be filed in order to avoid costly, unnecessary, and unmerited legal proceedings, but unfortunately, in this case, that goal has not been accomplished. Here, a thirty-one-page detailed report from a board-certified anesthesiologist was served within 120 days from the filing of the original petition. Instead of engaging in expensive and time-consuming trial and appellate litigation attempting to establish that the simple words “party” and “serve” have abstruse meanings, these parties should be preparing for and trying their case.[14]
1

Tex. Civ. Prac & Rem.Code § 74.351(a). This section was amended by Act of May 26, 2013, 83rd Leg. R.S., ch. 870, § 2, 2013 Tex. Gen. Laws-[House Bill 658]; this action was commenced before the effective date of this amendment and so is governed by preexisting law. Id. at § 3(b).

2

Id. § 74.351(b).

3

E.g. Caldwell v. Barnes, 154 S.W.3d 93, 97 n. 1 (Tex.2004) (“A party who becomes aware of the proceedings without proper service of process has no duty to participate in them.”); Tex.R. Civ. P. 79 (“The petition shall state the names of the parties....”).

4

Generally, the discovery rules use “party" to refer only to participants in the lawsuit. See Tex.R. Civ. P. 190-205. See also Tex. Civ. Prac. & Rem.Code § 37.006 (specifying who must be made parties when declaratory relief is sought); cf. Presidio Indep. Sch. Dist. v. Scott, 309 S.W.3d 927, 931 (Tex.2010) (narrowly construing "parties” who must agree to venue in Travis County for an administrative appeal to exclude commission, under Tex. Educ.Code § 21.307(a)(2), which must be made a party on that appeal under another subsection).

5

In re Lumbermens Mut. Cas. Co., 184 S.W.3d 718, 722-725 (Tex.2006) ("Because one who is virtually represented is already deemed to be a party, theoretically it is not required to intervene in order to appeal.” (citation and internal quotation marks omitted)); Motor Vehicle Bd. of Tex. Dep't of Transp. v. El Paso Indep. Auto. Dealers Ass’n, Inc., 1 S.W.3d 108, 110 (Tex.1999) (per cu-riam) (an appellant, though not a party of record in the trial court, may be deemed a party with a right to appeal under the doctrine of virtual representation).

6

Black’s Law Dictionary 1231, 1232 (9th ed.2009).

7

Webster's Unabridged Dictionary 1648 (3d ed.2002).

8

Ante at 378.

9

Tex Civ. Prac. & Rem.Code § 74.351(r)(4).

10

Samlowski v. Wooten, 332 S.W.3d 404, 410 (Tex.2011) (citing Act of June 2, 2003, 78th Leg., R.S., ch. 204, § 10.11(b)(1), (3), 2003 Tex. Gen. Laws 847, 884).

11

Citizens Bank of Bryan v. First State Bank, 580 S.W.2d 344, 348 (Tex.1979) (internal citations omitted) (cited in Antonin Scalia & Bryan A. Garner, Reading Law 63 (Thomson/West 2012)).

12

Scoresby v. Santillan, 346 S.W.3d 546, 554 (Tex.2011) (footnote and internal quotation marks, brackets, and ellipses omitted).

13

Stockton v. Offenbach, 336 S.W.3d 610, 618 (Tex.2011) ("We presume that when enacting legislation, the Legislature intends to comply with the state and federal constitutions, and we are obligated to avoid constitutional problems if possible.” (citation and internal quotation marks omitted)).

14

349 S.W.3d 97, 107 (Carter, J., concurring).