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Click here for the full text of this decision FACTS: Charles Hall sued Dr. William Francis Mieler after surgery Mieler conducted on the retina of Hall’s right eye led to Hall’s loss of all sight in that eye. Hall filed his suit on Oct. 29, 2002. The trial court issued a docket control order on Jan. 11, 2003, setting Oct. 2, 2003, as the deadline for designating experts. The order did not mention expert reports, such as the one required to be filed by a plaintiff within six months of the lawsuit’s filing (in this case, mid-April 2003). Believing that the docket control order applied to the filing of the expert report, Mieler missed the normal deadline for such a report. Mieler filed a motion to dismiss on June 9. In his June 27 response, Hall asked for an extension in which to file his expert report. The trial court granted Mieler’s motion to dismiss and denied Hall’s subsequent motion for a new trial. On appeal, Hall contends he should have been allowed a 30-day grace period so he could file his expert report. HOLDING: Affirmed. The court noted that, in order for a court to grant an extension of time to file an expert report, a plaintiff must show that the failure to file one on time was not intentional or the result of conscious indifference. The court also noted that Hall said his failure was merely the result of a misunderstanding about the effect and scope of the docket control order. As the docket control order did not address expert reports or deadlines under the Medical Liability Insurance Improvement Act, the court found that Hall had not met his burden to establish that his failure was the result only or an accident or mistake. OPINION: Keyes, J.; Taft, Keyes and Hanks, JJ.

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