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MOORE v. JOHNSON

No. 05-03-01097-CV.

143 S.W.3d 339 (2004)

Brad MOORE and Lisa Evans, Individually and as Representatives of the Estate of Mary Stevens, Appellants, v. Weldon JOHNSON, D.O., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled September 28, 2004.

Attorney(s) appearing for the Case

Patrick Short, Law Firm of Patrick Short, Rockwall, for Appellant.

William H. Chamblee, Chamblee & Ryan, Dallas, for Appellee.

Before Chief Justice THOMAS and Justices MORRIS and WHITTINGTON.

OPINION

Opinion by Justice WHITTINGTON.

Appellants Brad Moore and Lisa Evans, individually and as representatives of the Estate of Mary Stevens, deceased, appeal a summary judgment granted in favor of appellee Weldon Johnson. In three issues, Moore and Evans contend they have standing as independent executors of Stevens's estate to prosecute the medical malpractice lawsuit originally filed by Stevens. They contend Johnson waived any complaint as to their...

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