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Mocega v. Urquhart

If the opposing party offers proof of nonreceipt of service, the sender may rejoin by presenting other evidence of delivery; but if the sender relies on office routine to support an inference of receipt, there must be corroborating evidence.

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REVERSED AND REMANDED AND OPINION FILED FEBRUARY 7, 2002.

OPINION

Appellant, Elsa V. Mocega, filed suit against Bradford Urquhart, M.D., alleging negligence in his treatment of her hand injury. The trial court dismissed her suit for failure to file an expert report within 180 days of filing. See TEX. REV. CIV. STAT. ANN. Art. 4590i, � 13.01(d). The record is replete with missed deadlines and promises by Mocega’s counsel, and devoid of any expert support. Nevertheless, because Mocega’s counsel swears he did not receive notice of a crucial submission date, and Urquhart’s counsel cannot prove otherwise, we reluctantly reverse and remand.

 
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