A plaintiff is seeking justice after a previous court ruling dismissed her case, alleging negligence on the part of the defendant. Latavia Carter filed a verified original petition for a bill of review on September 11, 2024, in Harris County District Court against FPACP Houston, LLC d/b/a Focused Care of Westwood.
The case stems from an incident on January 24, 2020, when Carter was injured after slipping and falling on a wet floor at the defendant's premises located at 8702 S. Course Drive, Houston, Texas. Carter claims that the wet floor constituted a dangerous condition that led to her injuries. On October 26, 2022, FPACP Houston filed a no-evidence motion for summary judgment. Despite Carter's counsel informing the defense that he was ill with COVID-19 and subsequent agreements to delay proceedings, the court granted the defendant’s motion for summary judgment on January 5, 2023.
Carter’s petition argues that her counsel was unable to respond adequately due to illness and personal circumstances—specifically preparing for the birth of his first child. She asserts that this led to her failure to file timely motions for reconsideration or a new trial. Furthermore, she contends that the defendant did not honor their agreement to delay proceedings and improperly secured a summary judgment by focusing solely on premises liability while ignoring her negligence claim.
Carter is seeking relief through a bill of review under Texas Rule of Civil Procedure 329b(5), which allows judgments to be set aside for sufficient cause beyond thirty days post-ruling. She argues that she has met all necessary conditions: demonstrating a meritorious claim obstructed by the opposing party's actions without any fault or negligence on her part. Her primary goal is to have her case reinstated on the court’s active docket so it can proceed fairly.
Representing Carter are attorneys Clive Markland and Rob O. Cantu from Roberts Markland LLP. The case has been assigned Case ID: 2024-61355 and will be heard in front of Judge Christopher Matthews in Harris County's 165th Judicial District Court.