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Click here for the full text of this decision FACTS:Jesse and Kathy Adams, individually and as next friends of their daughter, Sage Adams, appeal the trial court’s take-nothing summary judgment in their medical malpractice suit against Donna Gottwald, D.D.S., PC, and Donna Gottwald. HOLDING:The court reverses the trial court’s summary judgment against Jesse and Kathy Adams as next friends of their daughter Sage and remands these claims to the trial court for further proceedings consistent with this opinion. In all other respects, the trial court’s judgment is affirmed. Although a litigant must raise an open-courts challenge in the trial court, this burden may be met � as it was here � by raising the challenge in a response to a motion for summary judgment. The Adamses argue the trial court erred in granting Gottwald’s motion for summary judgment because the limitations period set forth in Texas Civil Practice & Remedies Code 74.251 violates the open courts provision contained in Article 1, 13 of the Texas Constitution as applied to minors. Section 74.251 is virtually identical to its predecessor, 10.01 of the Medical Liability Act. The Texas Supreme Court held that “section 10.01 [was] unconstitutional when applied to a minor because it violate[d] [the open courts provision set forth in] article I, section 13 of the Texas Constitution.” Weiner v. Wasson, 900 S.W.2d 316 (Tex. 1995), see also Sax v. Votteler, 648 S.W.2d 661 (Tex. 1983). Gottwald argues that, unlike its predecessor, the limitations provision applicable to minors in 74.251 is saved because, in the accompanying legislative findings, “the legislature addressed Weiner and Sax by focusing on one part of the balancing test, detailing and demonstrating the important purpose of the statute.” The court points out that a similar argument was considered and rejected in Sax. “If this argument is to prevail, it must do so in the Supreme Court of Texas. We are bound by Sax and Weiner.” OPINION:Duncan, J.; Stone, Duncan and Angelini, JJ.

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