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PALMER v. CANTRELL

No. 01-87-00453-CV.

747 S.W.2d 39 (1988)

Donna L. PALMER, Nee Murdoch as Next Friend of Donald Joseph Murdoch, and Henry Blake Murdoch, Appellants, v. Rex J. CANTRELL, D.D.S., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

February 25, 1988.

Attorney(s) appearing for the Case

David Gibson, Kenneth W. Urmy, Houston, for appellants.

Robert Swift, Fulbright & Jaworski, Houston, for appellee.

Before JACK SMITH, COHEN and HOYT, JJ.

OPINION

JACK SMITH, Justice.

In a single point of error, Palmer appeals from an order granting Cantrell's motion to dismiss on the basis of failure to comply with discovery requests. Although the order did not state that the action was being dismissed with prejudice, because the applicable statute of limitations on Palmer's cause of action is expired, the dismissal without prejudice is tantamount to a dismissal with prejudice. See Kilgarlin, Sanctions...

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