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CUMMINGS v. HCA HEALTH SERVICES OF TEXAS, INC.

No. C14-89-01038-CV.

799 S.W.2d 403 (1990)

Burr B. CUMMINGS, Individually and as Executor of the Estate of Peggy Cummings, Deceased, James Cummings and Linda Waldon, Appellants, v. HCA HEALTH SERVICES OF TEXAS, INC., d/b/a Tidelands General Hospital, Appellee.

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

October 18, 1990.

Attorney(s) appearing for the Case

G. Robert Friedman, Greg Denlinger, Houston, for appellants.

Frank N. Luccia, Marion Woodrow Kruse, Jr., Houston, for appellee.

Before PAUL PRESSLER, CANNON and ELLIS, JJ.

OPINION

CANNON, Justice.

This is a medical malpractice suit brought by appellants against appellee HCA Health Services, Inc. d/b/a Tidelands General Hospital. The trial court granted Summary Judgment on the basis of limitations. In five points of error, appellants contend there are material questions of fact concerning whether appellee received notice of this lawsuit and whether it was disadvantaged by its subsequent inclusion. We reverse and remand.

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