Opinion
No. 13-05-556-CV
Opinion Delivered and Filed August 17, 2006.
On Appeal from the 332nd District Court of Hidalgo County, Texas.
Before Justices HINOJOSA, RODRIGUEZ, and GARZA.
MEMORANDUM OPINION
This appeal is taken from the trial court's order dismissing with prejudice certain health care liability claims for failure to comply with section 13.01(d) of former article 4590i. See former TEX. REV. CIV. STAT. art. 4590i § 13.01(d). According to appellants, the trial court erred in denying their motion for reasonable attorney's fees and costs of court, which was supported by uncontroverted evidence. See id. § 13.01(e)(1). We agree. Although the trial court has discretion to set the amount of reasonable attorney's fees, see Great Global Assurance Co. v. Keltex Properties, 904 S.W.2d 771, 776 (Tex.App.-Corpus Christi 1995, no writ), the court may not, in circumstances such as these, completely deny a duly filed motion for attorneys fee's and costs of court, see Bocquet v. Herring, 972 S.W.2d 19, 20 (Tex. 1998); Doades v. Syed, 94 S.W.3d 664, 674 (Tex.App.-San Antonio 2002, no pet.). Accordingly, the order is reversed and the cause remanded for further proceedings consistent with this opinion.
See Act of April 19, 1977, 65th Leg., R.S., ch. 817, 1977 Tex. Gen. Laws 2039, 2064 [hereinafter Aformer article 4590i, section 13.01"], repealed by Act of May 16, 2003, 78th Leg., R.S., ch. 204, § 10.09, 2003 Tex. Gen. Laws 847 (current version at TEX. CIV. PRAC. REM. CODE ANN. § 74.351 (Vernon 2005 Supp. 2005)). Because former article 4590i governs this case, we cite to that statute.