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Marquez v. Providence Memorial Hospital Tenet Healthcare Corp.9/27/2001
eneral rule that a party seeking attorney's fees must present evidence of attorney's fees. Tibbetts, 2 S.W.3d at 665, citing Tex.Disciplinary R. Prof'l Conduct 1.04, reprinted, Tex.Gov't Code Ann. tit. 2, subtit. G app. A (Vernon Supp. 2001)(Tex. State Bar R. art. X, ยง 9) and Estrello v. Elboar, 965 S.W.2d 754, 759 (Tex.App.--Fort Worth 1998, no pet.). When considering what amount to award, the fact finder should be guided by the eight factors listed in Rule 1.04(b) as well as other relevant factors. See Arthur Andersen & Co. v. Perry Equipment Corporation, 945 S.W.2d 812, 818 (Tex. 1997). Because the affidavits of counsel for Providence, Tenet, and Dr. Vigil sufficiently address the relevant factors listed in Rule 1.04(b), we find no abuse of discretion in the award of attorney's fees and costs. Issue Five is overruled.
APPLICATION OF MLIIA TO TENET
In her final issue, Marquez contends that because Tenet is not a healthcare provider as defined by Article 4590i, it may not obtain dismissal of the suit against it for Marquez's non-compliance with the Act. Because Marquez provides no authority in support of her argument, it is waived. See Tex.R.App.P. 38.1(h)(requiring brief to include clear and concise argument for contentions made, with appropriate citations to authority and record); Keim, 943 S.W.2d at 941. Furthermore, Marquez's suit alleges that Tenet is vicariously liable for the conduct of Providence and Dr. Vigil who are both healthcare providers within the meaning of the MLIIA. She did not allege any independent causes of action against Tenet. Since the trial court properly dismissed the claims against Providence and Dr. Vigil for non-compliance with Section 13.01, there is no basis for liability with respect to Tenet. Under these circumstances, there is no prohibition to Tenet seeking dismissal even though it is not a healthcare provider under the Act. Issue Six is overruled. Having overruled each of the issues for review, we affirm the dismissal orders.
(Publish)
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