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STEWART v. HARDIE

No. 2-96-314-CV.

978 S.W.2d 203 (1998)

Theodore Lee STEWART, Individually and as Community Survivor Heir at Law of The Estate of Pamela Sue Stewart, Deceased, Appellant, v. Robert P. HARDIE, M.D., Appellee.

Court of Appeals of Texas, Fort Worth.

August 6, 1998.

Attorney(s) appearing for the Case

Fisher, Boyd, Brown, Boudreaux & Huguenard, L.L.P., Olan J. Boudreaux, Houston, for Appellant.

Wallach & Moore, P.C., Jennifer M. Andrews, D. Michael Wallach, Leslie Dillon Walker, Fort Worth, for Appellee.

Before LIVINGSTON, RICHARDS and HOLMAN, JJ.

OPINION ON REHEARING

RICHARDS, Justice.

We deny appellant's motion for rehearing. We withdraw our June 11, 1998 opinion and judgment and substitute the following.

I. INTRODUCTION AND HOLDING

Appellant Theodore Lee Stewart ("Stewart") appeals the trial court's judgment dismissing his survival claim on behalf of Pamela Sue Stewart ("Mrs.Stewart") and ordering that he take nothing on his wrongful death claim against Dr. Robert Hardie ("Hardie...

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