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MUSSEMANN v. VILLARREAL

No. 14-04-00746-CV.

178 S.W.3d 319 (2005)

Frank MUSSEMANN, M.D., Amy Plummer, M.D., and Daniel Hersh, M.D., Appellants, v. Mercedes VILLARREAL, as next friend of Juan Pablo Elizondo, a minor, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled November 17, 2005.

Attorney(s) appearing for the Case

Claude M. McQuarrie, III, Warren Szutse Huang, Houston, for appellants.

Candelario Elizondo, Houston, Les Weisbrod, William Arthur Newman, Dallas, for appellee.

Panel consists of Justices ANDERSON, FROST, and SEYMORE.

Rehearing En Banc Overruled November 17, 2005.

OPINION

KEM THOMPSON FROST, Justice.

Appellants Frank Mussemann, M.D., Amy Plummer, M.D., and Daniel Hersh, M.D. appeal from the trial court's denial of their motion for summary judgment. After reviewing the record, we conclude that they have failed to conclusively establish the affirmative defense of official immunity as a matter of law, and we therefore affirm the trial court's denial of their motion...

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