IN RE: Jeremiah PARKS (2021)

Supreme Court of Texas.

IN RE: Jeremiah PARKS, Relator

No. 20-0345

Decided: June 25, 2021

Bret W. Weatherford, David Kassabian, Arlington, for Relator. Roger W. Hughes, Harlingen, Michael H. Bassett, Dallas, for Amicus Curiae Texas Association of Defense Counsel. Wm. Lancaster Smith, William L. Shirer, Dallas, for Real Party in Interest.

In this mandamus proceeding, Relator Jeremiah Parks asks us to review the trial court's orders striking controverting affidavits from Craig R. DuBois, M.D., and Roger Clifford, D.C. The counteraffidavits were offered under Texas Civil Practice and Remedies Code section 18.001 to challenge the reasonableness and necessity of Real Party in Interest Gabriela Veytsman's alleged medical expenses as set forth in affidavits submitted under section 18.001.

The trial court ruled without the benefit of our recent opinion in In re Allstate Indemnity Co., 622 S.W.3d 870 (Tex. 2021) (orig. proceeding). We believe the trial court should have the opportunity to reconsider its orders in light of that opinion. Accordingly, we deny the petition for writ of mandamus without prejudice to give the trial court that opportunity.

PER CURIAM

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