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BUSH v. WARD

No. 09-87-151 CV.

747 S.W.2d 43 (1988)

Nancy BUSH, Individually and as Next Friend of Thomas Victory, Yvette Victory Sims, Noris Victory, and Henry Victory, Appellants, v. John W. WARD, M.D., and Fred Grunden, R.N., Appellees.

Court of Appeals of Texas, Beaumont.

February 25, 1988.

Attorney(s) appearing for the Case

Karen A. Lerner, Houston, for appellants.

A.W. Davis, Jr., Newton, John D. Rienstra, Jr., Mehaffy, Weber Keith & Gonsoulin, Beaumont, James J. Zeleskey, Zeleskey, Cornelius, Rogers, Hallmark & Borgfeld, Lufkin, for appellees.

OPINION

BURGESS, Justice.

This is an appeal arising from a dismissal of a medical malpractice case for want of prosecution and the subsequent denying of a motion to reinstate. Appellants urge several points of error concerning the underlying dismissal. We need not consider those since the procedure involved in the motion to reinstate was flawed.

TEX.R.CIV.P. 165a(3) deals with reinstatement. It states:

3. Reinstatement

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