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LOVATO v. AUSTIN NURSING CENTER, INC.

No. 03-02-00505-CV.

113 S.W.3d 45 (2003)

Pauline Wilson LOVATO, Independent Administrator of the Estate of Margarita Torres Wilson, Deceased, Appellant, v. AUSTIN NURSING CENTER, INC., d/b/a Austin Nursing Center; Century Care of America, Inc.; Paul Gray; Paul Hanlon; Laura Swarbrick; and Guadalupe Zamora, M.D., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 30, 2003.

Attorney(s) appearing for the Case

Alfonso L. Melendez, Anna N. Marketto, Melendez & Marketto, PC, El Paso, Raul Steven Pastrana, Pastrana Law Firm, Austin, for appellant.

Christopher J. Deeves, Ruth G. Malinas, Cynthia Day Grimes, Ball & Weed, PC, San Antonio, for Austin Nursing Center, Century Care of America, Inc., Hanlon, Gray, Swarbrick.

Peter R. Meeker, David M. Davis, Davis & Wilkerson, P.C., Austin, for Guadalupe Zamora, M.D.

Before Justices KIDD, YEAKEL and PATTERSON.

ON MOTION FOR REHEARING

JAN P. PATTERSON, Justice.

Our opinion and judgment issued on March 27, 2003 are withdrawn, and the following opinion is substituted.

Pauline Wilson Lovato, as independent administrator of the estate of her mother, Margarita Torres Wilson, appeals the dismissal on summary judgment of a medical negligence survival action against Austin Nursing Center, Inc., d/b/a Austin Nursing Center; Century Care of America, Inc.; Paul Gray...

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