CAROLYN R. MILTON, Appellant
VINH T. NGUYEN, Appellee
Appeal from County Court at Law No. 4 Fort Bend County, Texas
Trial Court Cause No. 15-CCV-054707
consists of Justices Chief Justice Frost and Justices Donovan
Carolyn R. Milton filed suit against her dentist, appellee
Vinh T. Nguyen, D.D.S., alleging claims of "overbilling
and harm done as a result of not performing required
procedures." The trial court granted Nguyen's motion
to dismiss because Milton failed to file the statutorily
required expert report. We affirm.
August 2010, Nguyen provided dental care to Milton. Since
that time, Milton, appearing pro se, has filed
several matters in various forums complaining of the care she
received. In January 2011, Milton filed suit against Nguyen
in the 268th Judicial District Court of Fort Bend County,
Texas, alleging negligence in the provisions of dental care.
Milton, however, did not timely serve Nguyen with an expert
report as required by section 74.351 of the Texas Civil
Practice and Remedies Code, and the trial court, on
Nguyen's motion, dismissed Milton's case in October
2011. On appeal, the First Court of Appeals affirmed the
judgment. Milton v. Nguyen, No. 01-11-00958-CV, 2012
WL 3228835 (Tex. App.-Houston [1st Dist] Aug. 9, 2012, pet.
denied) (mem. op.) (affirming trial court dismissal because
plaintiff failed to file statutorily required expert report).
Milton sued the Texas State Dental Board of Examiners in
Travis County district court, alleging she suffered
"severe financial harm" as a result of the
Board's alleged failure to "enforce[e] the laws of
Texas." Milton's complaint appeared to stem from her
dissatisfaction with the Board's handling of a complaint
she filed against Nguyen. The trial court granted the
Board's plea to the jurisdiction based on governmental
immunity and dismissed her claims. The appeals court in
Austin affirmed the trial court's judgment. Milton v.
Tex. State Dental Bd. Of Examiners, No. 03-14-00346-CV,
2014 WL 7464137, at *2 (Tex. App.-Austin Dec. 30, 2014, no
pet.) (mem. op.) (affirming trial court's dismissal
because plaintiffs claims barred by governmental immunity).
appeal arises from a case Milton filed against Nguyen in
September 2014, in the Justice Court of Fort Bend County,
Texas, Precinct 4. In Milton's "statement of
claim" she alleges "overbilling and harm done as a
result of not performing required
procedures." On January 21, 2015, Nguyen filed a motion
to dismiss based on Milton's failure to timely file the
expert report required by section 74.351(a) of the Texas
Civil Practice and Remedies Code. The Justice Court granted
the motion and dismissed the case on March 5, 2015. Milton
appealed the judgment to County Court at Law. No. 4 of Fort
Bend County, Texas. Nguyen again filed a motion to dismiss
based on Milton's failure to timely file an expert
report. The County Court granted Nguyen's motion and
entered judgment against Milton on October 24, 2016. Milton
timely filed this appeal.
Milton's brief, she provides the following summary of her
Appellant's case is solely about Defendant's gross
negligence of not being properly educated; qualified;
certified; authorized or permitted by the Texas Dental Board
to perform or bill for Dental Code procedure D7210; which
require the use of "general anesthesia; as shown in
Exhibit G "
identifies five "Issues" as follows:
• Whether Defendant was permitted by the Dental Board to
perform or bill for Dental Code D7210; for ...