Originally published by David Coale.
In re Parks denied a mandamus petition arising from the striking of counteraffidavits, related to the reasonableness and necessity of certain medical expenses, filed pursuant to Chapter 18 of the Civil Practice and Remedies Code. Applying Fifth Court precedent, the Court drew an analogy to the striking of expert designations, which is not ordinarily addressed by mandamus review. A dissenting opinion argued that “our existing construction raises serious constitutional concerns related to the parties’ rights to a trial by jury, as well as their due process rights to a decision on the merits and to appellate review,” and would have considered the merits of the petition. No. 05-19-00375-CV (Feb. 18, 2020) (mem. op.)
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