OPINION
REX D. DAVIS, Chief Justice.
The court dismissed James Tolbert's medical malpractice suit against Dr. Louis Gibson pursuant to section 13.01(e) of the Medical Liability and Insurance Improvement Act of Texas (Tex.Rev.Civ. Stat. Ann. art. 4590i) (hereinafter, "article 4590i") after Tolbert failed to timely file the expert report required by the statute. See Tex. Rev.Civ. Stat. Ann. art. 4590i, § 13.01(e) (Vernon Supp.2002). Tolbert claims...
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