JERNIGAN v. LANGLEY

No. 02-0575.

111 S.W.3d 153 (2003)

Floyd E. JERNIGAN, M.D., Petitioner, v. Marie LANGLEY, Individually and as Representative of the Estate of John Langley and Mariah Langley, a Minor, Respondent.

Supreme Court of Texas.

July 3, 2003.


Attorney(s) appearing for the Case

Keith C. Cameron, Austin, Nancy Napier Morrison, Waco, Bob Burleson, Temple, Naman Howell Smith & Lee, P.C., for Petitioner.

Thomas B. Cowart, Harry K. Wasoff, Jr., Law Office of Windle Turley, P.C., Dallas, for Respondent.


PER CURIAM.

The issue in this case is whether a defendant physician waived the right to move for a dismissal with prejudice under Texas Revised Civil Statutes article 4590i, section 13.01(e), when the physician did not object to the plaintiff's expert reports as inadequate for over 600 days after they were filed, engaged in discovery, filed a motion for summary judgment on other grounds, and amended his answer to delete references to the plaintiff's failure to follow...

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