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PARKER v. O'PHELAN

No. C8-87-710.

414 N.W.2d 534 (1987)

Nelson S. PARKER, et al., Respondents, v. E. Harvey O'PHELAN, M.D., Petitioner, St. Mary's Hospital, Respondent.

Court of Appeals of Minnesota.

Review Granted December 18, 1987.

Attorney(s) appearing for the Case

Thomas A. Leary, Ramier and Gries, Minneapolis, for Nelson S. Parker, et al.

Phillip A. Cole, Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for E. Harvey O'Phelan, M.D.

Andrew Louis Marshall, Bassford, Heckt, Lockhart & Mullin, P.A., Minneapolis, for St. Mary's Hosp.

Considered and decided by POPOVICH, C.J., and WOZNIAK and NIERENGARTEN, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

Appellant Dr. Harvey O'Phelan seeks a writ of prohibition for relief from a trial court order extending beyond 60 days the time for respondents Nelson and Eileen Parker to serve an affidavit of expert review as required by Minn.Stat. § 145.682, subd. 2(1) (1986). We affirm.

FACTS

In 1984, respondent Nelson S. Parker was treated by appellant Dr. Harvey O'Phelan. As a result of complications following the initial...

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