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SMITH v. ELLIOTT

No. 08-01-00254-CV.

68 S.W.3d 844 (2002)

Sherrie SMITH, Appellant, v. Theresa M. ELLIOTT, M.D., Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled February 20, 2002.

Attorney(s) appearing for the Case

John M. Lozano, Wyck Hebert, Law Office of John M. Lozano, Dallas, for Appellant.

Jeffery Mark Kershaw, Chamblee & Ryan, P.C., Dallas, Melissa Grace Rosenbaum, Keller, for Appellee.

Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.

OPINION

SUSAN LARSEN, Justice.

This appeal involves the application of the statute of frauds in an action against a physician for misrepresentation. Sherrie Smith appeals a directed verdict in favor of defendant, Theresa M. Elliott, M.D., on Smith's action brought under the Deceptive Trade Practices Act (DTPA), TEX. BUS. & COM.CODE ANN. § 17.46(b)(23).1 We affirm.

Facts

Sherrie Smith consulted...

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