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Click here for the full text of this decision FACTS:Albion Guppy sued Dr. Robert Zimmerman and others for medical malpractice. Zimmerman sought to sever the claims against him from the others and then to dismiss them. The trial court granted Zimmerman’s motion to dismiss on Oct. 13, 2003. On Jan. 23, 2004, the trial court held a hearing on Guppy’s motion to reconsider. The trial court said that the expert’s report was inadequate, but withdrew the dismissal of Zimmerman to give Guppy a 30-day grace period to bring the expert report into compliance with the medical malpractice statute. For instance, the expert report did not contain an adequate curriculum vitae of the expert. Zimmerman filed for a writ of mandamus to order the trial court to vacate its order. HOLDING:Writ denied. Zimmerman relies on In re Collom & Carney Ass’n, 62 S.W.3d 924 (Tex.App. � Texarkana 2001, orig. proceeding), for the proposition that mandamus is routinely available to review a court’s determination on an expert’s report in a medical malpractice case. The court says that is an incorrect reading of Collom & Carney. The court says it did not review the merits of the trial court’s finding on the expert’s report. For mandamus relief to be available here, the court must first conclude that the trial court clearly abused its discretion or made findings that left it with the duty to perform only a ministerial act. In this case, the trial court implicitly found that the report failed to comply with the statute since it granted the plaintiff an extension to correct it. However, the trial court further implicitly found that the failure to comply with the statute was not intentional or a result of conscious indifference but was a result of accident or mistake. The court adds that the report’s deficiency was not one related to the required elements as noted in the medical malpractice statute. OPINION:Carter, J.; Morriss, C.J., Ross and Carter, JJ.

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