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CHISHOLM v. MARON

No. 07-01-0224-CV.

63 S.W.3d 903 (2001)

Michael CHISHOLM et ux Linda Chisholm, Appellants, v. Barry MARON, M.D., Appellee.

Court of Appeals of Texas, Amarillo.

December 14, 2001.

Attorney(s) appearing for the Case

John Mann, Pampa, Philip E. Pendleton, Shamrock, for appellant.

Barry D. Peterson, Peterson Farris Doores & Jones, Amarillo, for appellee.

Before BOYD, C.J., QUINN and JOHNSON, JJ.

BRIAN QUINN, Justice.

Michael and Linda Chisholm appeal an order dismissing their suit against Barry Maron, M.D. The latter had moved for dismissal because the Chisholms allegedly failed to timely serve him with an expert's report as per § 13.01(d)(1) of the Texas Revised Civil Statutes. The trial court agreed with Maron, and granted the motion. On appeal, the Chisholms assert three points of error. The first concerns whether Maron acted timely. The second and...

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