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Boothe v. Dixon12/13/2005
verse the trial court's order denying motion to dismiss and motion for summary judgment and render judgment in Boothe's favor dismissing Dixon's claims with prejudice.
In his motion to dismiss and motion for summary judgment and in his prayer in his brief on appeal, Boothe requested attorney's fees and costs of court, which are mandatory under the statute when a claimant fails to file an expert report in a health care liability claim. See Tex. Civ. Prac. & Rem. Code Ann. ยง 74.351(b)(1). Accordingly, we remand this suit solely for a determination of attorney's fees and costs of court incurred by Boothe.
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