Hill v. Milani, 686 S.W.2d 610 (Tex. 1985). · Go Syfert
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Hill v. Milani, 686 S.W.2d 610 (Tex. 1985). Cases Citing This Book View Copy Cite
“it is not an abuse of discretion for the trial court to refuse to consider material filed after the summary judgment hearing.”
85 citation events (21 in the last 25 years) across 2 distinct courts.
Strongest positive: Karen Guishard v. Money Management International, Inc./Consumer Credit Counseling Services (texapp, 2015-08-20)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 30 distinct citers.
discussed Cited as authority (quoted) Karen Guishard v. Money Management International, Inc./Consumer Credit Counseling Services
Tex. App. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence low
it is not an abuse of discretion for the trial court to refuse to consider material filed after the summary judgment hearing.
discussed Cited as authority (rule) Brewster v. COLUMBIA MED. CENTER, MCKINNEY
Tex. App. · 2008 · confidence medium
Bala v. Maxwell, 909 S.W.2d 889, 892-93 (Tex. 1995) (general wrongful death statute of limitations is trumped by health care claim statute of limitations) (decided under the Statute's predecessor, former Article 4590i of the Texas Revised Civil Statutes); Hill v. Milani, 686 S.W.2d 610, 611 (Tex. 1985) (TEX.REV.CIV.
discussed Cited as authority (rule) Brewster v. Columbia Medical Center of McKinney Subsidiary, L.P.
Tex. App. · 2008 · confidence medium
Bala v. Maxwell, 909 S.W.2d 889, 892-93 (Tex.1995) (general wrongful death statute of limitations is trumped by health care claim statute of limitations) (decided under the Statute’s predecessor, former Article 4590i of the Texas Revised Civil Statutes); Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985) (Tex.Rev.Civ.
cited Cited as authority (rule) Bratcher v. Boeke
Tex. App. · 2006 · confidence medium
See Diaz v. Westphal, 941 S.W.2d 96, 98 (Tex.1997); Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985).
discussed Cited as authority (rule) texapp 2003
Tex. App. · 2003 · confidence medium
See Bala v. Maxwell, 909 S.W.2d 889, 892 (Tex. 1995) (medical malpractice limitations period, beginning from date of negligence, governs over wrongful death limitations period, beginning from date of death); Hill v. Milani, 686 S.W.2d 610, 611 (Tex. 1985); Rascoe v. Anabtawi, 730 S.W.2d 460, 461 (Tex. App.CBeaumont 1987, no writ) (both declining to apply tolling periods of other statutes). 18 before limitations expired.
discussed Cited as authority (rule) texapp 2003
Tex. App. · 2003 · confidence medium
See Bala v. Maxwell , 909 S.W.2d 889, 892 (Tex. 1995) (medical malpractice limitations period, beginning from date of negligence, governs over wrongful death limitations period, beginning from date of death); Hill v. Milani , 686 S.W.2d 610, 611 (Tex. 1985); Rascoe v. Anabtawi , 730 S.W.2d 460, 461 (Tex. App.--Beaumont 1987, no writ) (both declining to apply tolling periods of other statutes).
examined Cited as authority (rule) Hyson v. Chilkewitz (5×) also: Cited "see"
Tex. App. · 1998 · confidence medium
In Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985), the supreme court held that provision is inapplicable in a medical malpractice case because of the restrictive language of section 10.01.
examined Cited as authority (rule) Bangert Ex Rel. Bangert v. Baylor College of Medicine (4×)
Tex. App. · 1994 · confidence medium
In Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985), the Supreme Court held that the tolling provision of Tex.Rev.Civ.Stat.Ann. art. 5587 (Vernon 1958), tolling the limitation periods when defendant is absent from state, does not toll the statute of limitations of the medical liability act. 686 S.W.2d 610, 611 (Tex.1985).
discussed Cited as authority (rule) Campos v. Ysleta General Hospital, Inc.
Tex. App. · 1994 · confidence medium
In Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985), however, the Texas Supreme Court specifically held that the “notwithstanding any other law” language in § 10.01 precludes any tolling of limitations that is not contained in the Medical Liability Act itself.
cited Cited as authority (rule) Palla v. McDonald
Tex. App. · 1994 · confidence medium
Hill v. Milani, 686 S.W.2d 610, 613 (Tex.1985) (declining to apply article 5537 (now Tex.Civ.
cited Cited as authority (rule) Goode v. Shoukfeh
Tex. App. · 1993 · confidence medium
Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985); Waters ex rel.
cited Cited as authority (rule) Blackmon v. Hollimon
Tex. App. · 1992 · confidence medium
Shidaker, 805 S.W.2d at 943 ; citing Hill v. Milani, 686 S.W.2d 610, 611-13 (Tex.1985).
cited Cited as authority (rule) Shidaker v. Winsett
Tex. App. · 1991 · confidence medium
Hill v. Milani, 686 S.W.2d 610, 611-13 (Tex.1985).
discussed Cited as authority (rule) Sanchez v. Memorial Medical Center Hospital
Tex. App. · 1989 · confidence medium
In Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985), our Supreme Court considered whether article 5537 (now Tex.Civ.Prac. & Rem.Code Ann. § 16.063), dealing with temporary absence from the state, affects the two-year limitation of article 4590i, § 10.01.
cited Cited as authority (rule) Rhodes v. McCarron
Tex. App. · 1988 · confidence medium
Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985).
discussed Cited as authority (rule) Rascoe v. Anabtawi
Tex. App. · 1987 · confidence medium
The Court in Hill , at 611, emphatically approved only those provisions of the Medical Liability Insurance Improvement Act specifically tolling limitations, and held that Article 5537 was not part of the statutory scheme but was part of the “other law”.
discussed Cited "see" Jones v. Miller (2×)
Tex. App. · 1998 · signal: see · confidence high
See Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985) (holding former article 5537, tolling limitations by absence from State, is part of the “other law” expressly made inapplicable by operation of article 4590i, section 10.01).
cited Cited "see" Liggett v. Blocher
Tex. App. · 1993 · signal: see · confidence high
See Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985).
examined Cited "see" Waters Ex Rel. Walton v. Del-Ky, Inc. (3×)
Tex. App. · 1992 · signal: see · confidence high
See Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985).
discussed Cited "see" De Romo v. St. Mary of the Plains Hospital Foundation (2×)
Tex. App. · 1992 · signal: see · confidence high
See Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985) (limited tolling provisions are contained in the Medical Liability and Insurance Improvement Act which suspend the statute during minority, § 10.01, and upon the giving of notice, § 4.01(c)).
cited Cited "see" Leinen v. Buffington's Bayou City Service Co.
Tex. App. · 1992 · signal: see · confidence high
See Hill v. Milani, 678 S.W.2d 203, 205 (Tex.App.—Austin 1984) aff'd, 686 S.W.2d 610 (Tex.1985).
discussed Cited "see" Wilson v. Rudd
Tex. App. · 1991 · signal: see · confidence high
Sanchez v. Memorial Medical Center Hospital, 769 S.W.2d 656, 659-60 (Tex.App.—Corpus Christi 1989, no writ); Rascoe v. Anabtawi, 730 S.W.2d 460, 461 (Tex.App.—Beaumont 1987, no writ); see *822 also Hill v. Milani, 686 S.W.2d 610, 611-13 (Tex.1985).
cited Cited "see" De Los Santos v. Southwest Texas Methodist Hospital
Tex. App. · 1990 · signal: see · confidence high
See Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985).
discussed Cited "see, e.g." Ravi Botla, M.D. v. Salvador Del Toro, Jr.
Tex. App. · 2015 · signal: see also · confidence medium
Molinet, 356 S.W.3d at 413-44 (section 33.004); Bala, 909 S.W.2d at 892-93 (section 16.003); see also Hill v. Milani, 686 S.W.2d 610, 611 (Tex. 1985) (sec. 10.01 trumped absence- from-the-state tolling provision in former art. 5537).
discussed Cited "see, e.g." City of Lancaster v. Clopton
Tex. App. · 2008 · signal: see also · confidence low
See also Hill v. Milani, 678 S.W.2d 203, 205 (Tex.App.-Austin 1984), aff'd, 686 S.W.2d 610 (Tex.1985); Benson v. City of San Antonio, 715 S.W.2d 143, 144 (Tex. App.-San Antonio 1986, writ refd n.r.e.) (constitutional challenge to city charter’s notice-of-claim provision cannot be presented for first time in a motion for new trial challenging summary judgment).
cited Cited "see, e.g." Ehrig v. Germania Farm Mutual Insurance Ass'n
Tex. App. · 2002 · signal: see also · confidence low
Zale Corp. v. Rosenbaum, 520 S.W.2d 889, 891 (Tex.1975); see also Hill v. Milani, 678 S.W.2d 203, 204 (Tex.App.Austin 1984), aff'd, 686 S.W.2d 610 (Tex. 1985).
cited Cited "see, e.g." Lawrence Ehrig and Norma Ehrig v. Germania Farm Mutual Insurance Association
Tex. App. · 2002 · signal: see also · confidence low
Zale Corp. v. Rosenbaum , 520 S.W.2d 889, 891 (Tex. 1975); see also Hill v. Milani , 678 S.W.2d 203, 204 (Tex. App.-Austin 1984), aff'd , 686 S.W.2d 610 (Tex. 1985).
cited Cited "see, e.g." Richardson Ex Rel. R.G.R. v. Monts
Tex. App. · 2002 · signal: see also · confidence low
Zale Corp. v. Rosenbaum, 520 S.W.2d 889, 891 (Tex.1975); see also Hill v. Milani, 678 S.W.2d 203, 204 (Tex.App.-Austin 1984), aff'd, 686 S.W.2d 610 (1985).
cited Cited "see, e.g." Fred Richardson, as Parent and Next Friend of R. G. R., a Minor and Natural Child of Roxann Clark v. Jane Monts, M.D. and Roosevelt Taylor, Jr., M.D.
Tex. App. · 2002 · signal: see also · confidence low
Zale Corp. v. Rosenbaum , 520 S.W.2d 889, 891 (Tex. 1975); see also Hill v. Milani , 678 S.W.2d 203, 204 (Tex. App. -- Austin 1984), aff'd , 686 S.W.2d 610 (1985).
cited Cited "see, e.g." Fred Richardson, as Parent and Next Friend of R. G. R., a Minor and Natural Child of Roxann Clark v. Jane Monts, M.D. and Roosevelt Taylor, Jr., M.D.
Tex. App. · 2002 · signal: see also · confidence low
Zale Corp. v. Rosenbaum, 520 S.W.2d 889, 891 (Tex. 1975); see also Hill v. Milani, 678 S.W.2d 203, 204 (Tex. App.CAustin 1984), aff=d, 686 S.W.2d 610 (1985).
Wiley E. HILL, Petitioner,
v.
Dr. John C. MILANI, Jr., Respondent
C-3612.
Texas Supreme Court.
Mar 13, 1985.
686 S.W.2d 610
Gibbins, Burrow & Bratton, R. Louis Bratton, Austin, for petitioner., Pierre A. Kleff, Jr., Killeen, for respondent.
Robertson.
Cited by 59 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Court of Appeals of Texas (1)
ROBERTSON, Justice.

This is an appeal from a summary judgment construing the two-year limitations provision of the Medical Liability and Insurance Improvement Act of Texas, Tex. Rev.Civ.Stat.Ann. art. 4590i § 10.01 (Vernon Supp.1985).

On August 24, 1980, Wiley E. Hill was bitten by a rattlesnake and treated by Dr. John C. Milani, Jr. Hill filed suit on November 2, 1982, alleging that Dr. Milani was negligent in treating the snakebite.[*611-613] Dr. Milani moved for summary judgment, alleging that Hill’s action was barred by limitations.

At the summary judgment hearing, argument focused on the question of whether Tex.Rev.Civ.Stat.Ann. art. 5537 (Vernon 1958) tolled the limitations period while Dr. Milani was absent from the state. The judgment, in fact, recites a stipulation that the interaction of art. 5537 and art. 4590i § 10.01 was the sole issue in dispute. This stipulation was facially valid as a Rule 11 agreement, under this court’s decision in City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 677 (Tex.1979), and its validity is not questioned by point of error in this court. See Tex.R.Civ.P. 11. In view of this stipulation, the trial court declined to consider, on motion for rehearing of the summary judgment, the new question of whether the limitations period was tolled for a period of 75 days by the timely sending of a notice letter. Tex.Rev. Civ.Stat.Ann. art. 4590i § 4.01(a), (c) (Vernon Supp.1985). Petitioner does not complain of this action.

The sole issue thus presented for this court’s consideration is whether the tolling provision of art. 5537 affects the two-year limitation provision of art. 4590i § 10.01. The trial court held that it does not, and granted defendant’s motion for summary judgment. The court of appeals affirmed. 678 S.W.2d 203. We affirm the judgments of the courts below.

Article 4590i § 10.01 provides, in relevant part, that

“Notwithstanding any other law, no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed....”

(emphasis added) The language of the statute is clear and exclusive. Elsewhere in the Medical Liability and Insurance Improvement Act, limited tolling provisions are contained, suspending the statute during minority, § 10.01, and upon the giving of notice. § 4.01(e). Article 5537 is not part of the statutory scheme for medical malpractice claims envisioned by the legislature, and is part of the “other law” expressly made inapplicable by operation of statute.

For the foregoing reasons, the judgments of the courts below are affirmed.