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WHITWORTH v. BLUMENTHAL

No. 05-97-01691-CV.

59 S.W.3d 393 (2001)

Debbie WHITWORTH and Gary Whitworth, Appellants, v. Dr. Scott L. BLUMENTHAL, Appellee.

Court of Appeals of Texas, Dallas.

October 22, 2001.

Attorney(s) appearing for the Case

Shain Chapman, Law Offices of Shain V.H. Chapman, Mason, Larry Cain, Cain & Chapman, Sherman, for Appellants.

Michael C. Freden, McCue & Lee, P.C., Dallas, David McCue, McCue & Lee, P.C., Addison, for Appellee.

Before the Court En Banc.

OPINION

Opinion by Justice O'NEILL.

This is an appeal from the dismissal of a medical malpractice claim for failure to timely file an expert report pursuant to section 13.01 of the Medical Liability and Insurance Improvement Act. See Tex.Rev. Civ. Stat. Ann. art. 4590i, § 13.01 (Vernon Supp.2001). We must decide whether the trial court abused its discretion in concluding the report appellants Debbie and Gary Whitworth filed was not a good faith...

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