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FENLEY v. HOSPICE IN THE PINES

No. 09-97-496CV.

4 S.W.3d 476 (1999)

Beth FENLEY, Individually and as Representative of the Estate of Dan Ray Fenley, Deceased, and Marlin Fenley, Appellants, v. HOSPICE IN THE PINES and Michael Devore, M.D., Appellees.

Court of Appeals of Texas, Beaumont.

Decided November 18, 1999.

Attorney(s) appearing for the Case

Jeff Bates, Bates & Hoyt, Lufkin, Gary Lee, Houston, for appellant.

Curtis W. Fenley, III, Fenley & Bate, Lufkin, for appellee.

Before WALKER, C.J., BURGESS and STOVER, JJ.

OPINION

EARL B. STOVER, Justice.

Beth Fence, individually and as representative of the estate of Dan Ray Fence ("Fence"), deceased, and Marlin Fence ("appellants"), bring this appeal from a summary judgment rendered in favor of Hospice in the Pines ("Hospice") and its medical director, Michael S. Devote, M.D. ("Devote").

The factual background, as alleged by the appellants' petition, is as follows: In March 1994, Fence sought medical care from Jane...

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