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SMITH v. GARVIN

No. ED 84218.

135 S.W.3d 521 (2004)

Jody M. SMITH and Cherlyn Smith, Plaintiffs/Appellants, v. Paul J. GARVIN, M.D., St. Louis University Hospital, St. Louis University, and Tenet Healthcare Corporation, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Five.

May 11, 2004.

Attorney(s) appearing for the Case

Richard Crites, Springfield, MO, for Appellant.

Anita Kidd-Paul Garvin M.D. & St. Louis University, Timothy Dugan-St. Louis University Hospital & Tenet Healthcare Corporation, St. Louis, MO, for Respondent.

SHERRI B. SULLIVAN, Chief Judge.

Jody Smith and his mother Cherlyn Smith (collectively Appellants) appeal from an order granting the motion of defendants Paul Garvin, M.D., and St. Louis University Hospital (collectively Respondents) to dismiss Counts III and IV of Appellants' petition for damages. Because there is no final, appealable judgment, we dismiss the appeal.

The underlying case arises out of a kidney transplant surgery performed by Dr. Paul Garvin...

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