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AUSTIN NURSING CENTER, INC. v. LOVATO

No. 03-0659.

171 S.W.3d 845 (2005)

AUSTIN NURSING CENTER, INC. d/b/a Austin Nursing Center; Century Care of America, Inc.; Paul Gray; Paul Hanlon; and Guadalupe Zamora, M.D., Petitioners, v. Pauline Wilson LOVATO, Independent Administratrix of the Estate of Margarita Torres Wilson, Respondent.

Supreme Court of Texas.

Decided May 13, 2005.

Rehearing Denied October 14, 2005.

Attorney(s) appearing for the Case

Ruth G. Malinas, Christopher John Deeves, Cynthia Day Grimes, Ball & Weed, P.C., San Antonio, Laura Swarbrick, David M. Davis, V. Elizabeth Ledbetter and Peter R. Meeker, Davis & Wilkerson, P.C., Austin, for Petitioner.

Alfonso L. Melendez, Anna Nigel Marketto, Melendez & Marketto, P.C., El Paso, and Raul Steven Pastrana, Pastrana Law Firm, Austin, for Respondent.

Chief Justice JEFFERSON delivered the opinion of the Court.

On behalf of her deceased mother, Pauline Wilson Lovato filed a survival action against Guadalupe Zamora, M.D., Austin Nursing Center, Inc., and related entities and individuals (collectively "Austin Nursing Center"). In her original petition, filed within the statute of limitations, Lovato asserted that she was the personal representative of her mother's estate. In actuality, Lovato was not appointed independent...

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