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ESTES v. ASHURST

2991098.

794 So.2d 1199 (2001)

Anthony L. ESTES v. Winston M. ASHURST, M.D.

Court of Civil Appeals of Alabama.

April 20, 2001.

Attorney(s) appearing for the Case

M. Clay Alspaugh of Hogan, Smith & Alspaugh, P.C., Birmingham, for appellant.

Thomas H. Keene, Robert C. Brock, and Ben C. Wilson of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for appellee.

On Application for Rehearing

YATES, Presiding Judge.

The opinion of January 12, 2001, is withdrawn, and the following is substituted therefor.

The plaintiff, Anthony L. Estes, appeals from the denial of his postjudgment motion to set aside the trial court's judgment dismissing his medical-malpractice action against Winston M. Ashurst, M.D., for failure to prosecute. The supreme court transferred...

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