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POWER v. KELLEY

No. 04-00-00650-CV.

70 S.W.3d 137 (2001)

Earl POWER, Individually and on behalf of Marguerite POWER, Deceased, Appellant, v. Jerry KELLEY, M.D. and William O. Kirk, M.D., Appellees.

Court of Appeals of Texas, San Antonio.

Dissenting Opinion on Denial of Rehearing November 21, 2001.

Attorney(s) appearing for the Case

Thomas C. Hall, Hall & Bates, L.L.P., San Antonio, for Appellant.

George G. Brin, Brin & Brin, P.C., San Antonio, Linda C. Breck, Brin & Brin, P.C., Corpus Christi, Robert B. Biechlin, Jr., Edward C. Mainz, Jr., Thornton, Summers, Biechlin, Dunham & Brown, L.C., San Antonio, for Appellee.

Sitting: HARDBERGER, Chief Justice, STONE, and GREEN, Justices.

OPINION

HARDBERGER, Justice.

Earl Power ("Earl"), Individually and on Behalf of Marguerite Power ("Marguerite"), appeals a summary judgment granted in favor of Jerry Kelley, M.D ("Kelley") and William O. Kirk, M.D. ("Kirk") in a medical negligence case. Earl raises two points of error in his brief, contending the trial court erred in striking the affidavit of Brenda Power ("Brenda") and in granting the summary judgment. We overrule Earl's point of error...

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