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ANDRESS v. MacGREGOR MEDICAL ASS'N

No. 14-98-00293-CV.

5 S.W.3d 855 (1999)

Glenda Davis ANDRESS, et al., Appellants, v. MacGREGOR MEDICAL ASSOCIATION, P.A., et al., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

October 28, 1999.

Attorney(s) appearing for the Case

Scott Rothenberg, Bellaire, for appellants.

H. Kent Twining, John B. Wallace, Linda J. Cole, Houston, for appellees.

Panel consists of Chief Justice MURPHY and Justices YATES and HUDSON.

OPINION

HUDSON, Justice.

This is an appeal from an order dismissing appellant's cause of action with prejudice. Appellant brings three issues: 1) Was it proper to dismiss the underlying lawsuit for failure to timely file a cost bond? 2) Was it proper to dismiss the underlying lawsuit with prejudice for a technical flaw in the cost-bond? 3) Does dismissal with prejudice violate either the Open Courts clause of the Texas Constitution or the Due Process clause...

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