LORENTZ v. DUNN

No. 03-0790.

171 S.W.3d 854 (2005)

Cynthia LORENTZ, Administratrix of the Estate of Carolyn M. Polk, Deceased, Petitioner, v. James F. DUNN, M.D. and United Clinics of North Texas, P.L.L.C., Respondents.

Supreme Court of Texas.

Decided May 13, 2005.

Rehearing Denied October 14, 2005.


Attorney(s) appearing for the Case

Christopher L. Bagby, W. McFarland Bagby, Bagby Law Firm, and David R. Sweat, E.L. Atkins, Law Offices of E.L. Atkins & Associates, and Deborah K. Hartley, Ross & Hartley, P.C., Arlington, TX, for Petitioners.

Tonya Johnson Myck, William H. Chamblee, David Michael Walsh IV, Jeffery Mark Kershaw, Chamblee & Ryan P.C., Dallas, TX, for Respondents.


Chief Justice JEFFERSON delivered the opinion of the Court.

Cynthia Lorentz filed a survival action on behalf of her deceased sister, Caroline Polk, against respondents, James F. Dunn, M.D. and United Clinics of North Texas, P.L.L.C. (collectively, "Dunn"). In her original petition, Lorentz asserted she was administrator of her sister's estate. In actuality, her petition to be appointed the estate's administrator was still pending in county court, and that court did...

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