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DEVINE v. HUTT

863 A.2d 1160 (2004)

Alma DEVINE and Thomas Devine, Appellants, v. Gordon H. HUTT, M.D., and St. Joseph's Hospital, Appellees.

Superior Court of Pennsylvania.

Filed December 3, 2004.

Attorney(s) appearing for the Case

James E. Sacks-Wilner, Trenton, NJ, for appellants.

Steven D. Costello, Lancaster, for Hutt.

Cathy A. Wilson, Paoli, for St. Joseph Hospital.

BEFORE: KLEIN, GANTMAN, and TAMILIA, JJ.

OPINION BY GANTMAN, J.:

¶ 1 Appellants, Alma Devine and Thomas Devine, ask us to determine whether the trial court erred in granting summary judgment in favor of Appellee, Gordon H. Hutt, M.D. in this medical malpractice action.1 We hold Appellants waived their challenge to Appellee's affirmative defense of the statute of limitations, for failure to file a reply to Appellee's new matter. Further, Appellants' argument on appeal is...

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