Detenbeck v. Koester

886 S.W.2d 477 (1994)

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Detenbeck v. Koester

Texas Court of Appeals
886 S.W.2d 477 (1994)

  • Written by Lauren Petersen, JD

Facts

In 1978 Dr. Detenbeck (plaintiff) performed a knee surgery on Winifred Koester (defendant). Koester owed money for this surgery and other knee surgeries that she underwent. In 1981, in order to get money to pay her medical bills, Koester brought a malpractice suit against Dr. Detenbeck. Koester was represented by Charles Houssiere (defendant). Koester was unable to find an expert who would testify that Detenbeck had performed the surgery negligently. In 1990, Houssiere tried to force Detenbeck to settle by threatening to go to trial. Later that year, Koester and Houssiere dismissed their action with prejudice. Detenbeck sued Koester and Houssiere for abuse of process. The defendants moved to dismiss for failure to state a claim. The trial court granted their motion. Detenbeck appealed.

Rule of Law

Issue

Holding and Reasoning (Hutson-Dunn, J.)

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