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FELAN v. HUMANA, INC.

No. 04-03-00929-CV.

163 S.W.3d 95 (2004)

Raymond V. FELAN, Individually and as Next Friend to Ashleigh F. Felan, a minor child, Asia F. Felan, a minor child, and Jared M. Felan, a minor child, and as Administrator of the Estate of Josephine Garcia Felan, Appellants, v. HUMANA, INC., and Humana Health Plan of Texas, Inc., Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 22, 2005.

Attorney(s) appearing for the Case

Ted H. Roberts, M'Liss Christian, Law Office of Ted H. Roberts, P.C., San Antonio, for appellants.

W. Richard Wagner, Patterson & Wagner, L.L.P., San Antonio, for appellees.

Sitting: PAUL W. GREEN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

OPINION

Opinion by PAUL W. GREEN, Justice.

This is a limitations case involving the misidentification of defendants. The plaintiff mistakenly sued the wrong defendant because of a similarity of names. When the correct defendant was finally sued, the limitations period had expired. The question is whether the plaintiff is saved from a limitations defense because the correct defendant had timely notice of the suit. We hold that notice of the suit by the correct...

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