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BATTEN v. HUNT

No. 03-99-00095-CV.

18 S.W.3d 235 (1999)

Marilyn BATTEN, Individually; and Mark Richard Batten, as Executor of the Estate of Roy Swope, Deceased, Appellants, v. Kenneth E. HUNT, M.D., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 14, 1999.

Review Denied December 16, 1999.

Attorney(s) appearing for the Case

Jay L. Winckler, Winckler & Harvey, L.L.P., Austin, for Appellants.

Michael S. Hull, Locke Liddell & Sapp LLP, Austin, for Appellee.

Before Justices JONES, KIDD and PATTERSON.

MACK KIDD, Justice.

Marilyn Batten, individually, and Mark Richard Batten, as executor of Roy Swope's estate, appeal the take-nothing summary judgment rendered against their negligence and wrongful death claims brought against Kenneth E. Hunt, M.D. The sole ground of the motion for summary judgment was that the two-year statute of limitations barred the claims against Hunt. We will affirm the judgment.

BACKGROUND

In 1989, following a referral by...

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