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POWE v. BYRD

Nos. 2002-CA-00834-SCT, 2003-CA-00021-SCT.

892 So.2d 223 (2004)

Nancy POWE, Individually and On Behalf of the Wrongful Death Beneficiaries of Cecil Powe, Deceased v. O.W. BYRD, M.D., and The Medical Group Clinic.

Supreme Court of Mississippi.

Rehearing Denied February 10, 2005.

Attorney(s) appearing for the Case

Christina Carroll, David Wayne Baria, Mark L. Pearson, Jackson, W. Eric Stracener, Mary Marvel Fyke, attorneys for appellant.

Gaye Nell Lott Currie, George Quinn Evans, Jackson, attorneys for appellee.

Before COBB, P.J., DICKINSON and RANDOLPH, JJ.

RANDOLPH, Justice, for The Court.

¶ 1. This appeal involves the consolidation of two cases. Plaintiff Nancy Powe's ("Powe") original medical malpractice complaint ("Original Complaint") was dismissed on April 1, 2002, by the Circuit Court of Clarke County for failure to timely serve the remaining defendant, The Medical Group Clinic, with a summons and complaint within the applicable 120 day time period under Rule 4(h) of the Mississippi Rules of Civil Procedure...

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