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ESTATE OF MAGNESS BY AND THROUGH MAGNESS v. HAUSER

No. 01-94-00624-CV.

918 S.W.2d 5 (1995)

The ESTATE OF Virginia Dubose MAGNESS, Deceased, By and Through its Administrator, Clifford M. MAGNESS; Clifford M. Magness, Individually; Katherine Paulson and Steven Michael Magness, Appellants, v. Harris M. HAUSER, M.D. and Memorial Neurological Association, Appellees.

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

Opinion Dissenting from Denial of Rehearing January 4, 1996.

Rehearing Denied April 12, 1996.

Attorney(s) appearing for the Case

Diana Dowd Ulrich, Houston, for appellants.

David A. Livingston, Clifton J. McAdams, Houston, for appellees.

Before MIRABAL, COHEN and TAFT, JJ.

Opinion by Justice Mirabal Dissenting from Denial of Rehearing January 4, 1996.

OPINION

MIRABAL, Justice.

The trial court granted summary judgment, based on a statute of limitations bar, against the plaintiffs in a medical-malpractice, wrongful-death, and survival lawsuit. We affirm.

In their first point of error, plaintiffs assert the trial court erred in granting summary judgment because plaintiffs' causes of action were timely filed in...

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