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PRESBYTERIAN HEALTHCARE SYSTEMS v. AFANGIDEH

No. 11-97-00302-CV.

993 S.W.2d 319 (1999)

PRESBYTERIAN HEALTHCARE SYSTEMS, Presbyterian Hospital of Plano, and John Paul Roberts, M.D. Appellants, v. Dominic AFANGIDEH, Individually and as Next Friend of Emem Afangideh, and Anna Afangideh, Individually Appellees.

Court of Appeals of Texas, Eastland.

April 28, 1999.

Attorney(s) appearing for the Case

Charles T. Frazier Jr., Elizabeth A. Leveno, Cowles & Thompson PC, R Brent Cooper, Diana L. Faust, Cooper & Scully, Attorneys at Law, Dallas, for Appellants.

Ronald D. Wren, Bedford, Richard L. Howell, Dennis Weitzel, Weitzel & Howell, Dallas, David Keltner, Jose Henry Brantley & Keltner, Attorneys at Law, Fort Worth, for Appellees.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCLOUD, Senior Justice.

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

The issue in this medical malpractice case is whether the trial court abused its discretion by failing to dismiss "with prejudice" plaintiffs' suit when plaintiffs failed to furnish defense counsel within 180 days from the date suit was filed the report of an expert or failed to file a voluntary nonsuit within the 180-day time limit. We hold the trial court did not abuse its discretion.

Plaintiffs...

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