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BALLARD v. PORTNOY

No. 01-94-00291-CV.

886 S.W.2d 445 (1994)

Andrelyn BALLARD, Appellant, v. Benjamin L. PORTNOY, M.D. and Eckerd Drug, Appellees.

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

September 29, 1994.

Attorney(s) appearing for the Case

Grover G. Hankins, Jue E. Nosagie, Houston, for appellant.

Fields Alexander, Houston, for appellees.

Before COHEN, HUTSON-DUNN and O'CONNOR, JJ.

OPINION ON MOTION FOR REHEARING

PER CURIAM.

We withdraw our opinion of July 7, 1994, and substitute this opinion in its stead.

The appellee, Benjamin L. Portnoy, M.D., filed a motion to dismiss appeal for want of jurisdiction in which he asserted that because the appellant, Andrelyn Ballard, did not timely file an appeal bond, this Court did not have jurisdiction to entertain this appeal. Ballard filed a motion to strike appellee's

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