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SHETH v. DEAREN

No. 14-07-00004-CV.

225 S.W.3d 828 (2007)

Dhiren S. SHETH, M.D., Appellant, v. Donald C. DEAREN, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

May 24, 2007.

Attorney(s) appearing for the Case

Nancy Bolin Broaddus, Houston, for appellant.

John A. Davis, Houston, for appellee.

Panel consists of Chief Justice HEDGES and Justices HUDSON and GUZMAN.

OPINION

ADELE HEDGES, Chief Justice.

Appellant, Dhiren S. Sheth, M.D. ("Dr. Sheth") brings this appeal following the trial court's denial of his motion to dismiss pursuant to Section 101.106(f) of the Texas Tort Claims Act. In his sole issue, Dr. Sheth argues that the trial court erred in denying his motion to dismiss. We reverse and remand.

I. BACKGROUND

In September of 2003, appellee, Donald C. Dearen, sustained a hip fracture and was...

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