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LOWE v. TEATOR

No. 05-97-00929-CV.

1 S.W.3d 819 (1999)

Thomas W. LOWE, M.D. and Kristine B. Courtney, Appellants, v. Deborah M. TEATOR, as Mother and Next Friend of Alexander Jon Teator, a Minor, and James Richard Hagan, as Father and Next Friend of David Ross Hagan, Appellees.

Court of Appeals of Texas, Dallas.

August 30, 1999.

Attorney(s) appearing for the Case

Nelly R. Herrera, Asst. Atty. Gen., Tort Litigation Division, Austin, Charles T. Frazier, Jr., Cowles & Thompson, P.C., Dallas, for Appellants.

Thomas H. Bleakley, Law Offices of Thomas H. Bleakley, Grosse Pointe Farms, MI, Michael R. Mitchell, Law Office of Michael R. Mitchell, Dallas, for Appellees.

Before Justices MORRIS, WHITTINGTON, and MOSELEY.

OPINION

JOSEPH B. MORRIS, Justice.

In this medical malpractice case, we are once again faced with determining the finality of a summary judgment in light of the dictates set down by the Texas Supreme Court. After reviewing recent authority issued by this state's intermediate courts of appeals, we conclude that, in some cases, the appellate courts have either overextended or misconstrued the rules established by...

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