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YAQUINTO v. BRITT

No. 2-04-283-CV.

188 S.W.3d 819 (2006)

James J. YAQUINTO, M.D., Appellant, v. Van Roger BRITT, Individually and on Behalf of the Estate of Kathryn Ann Britt, Deceased, and as Next Friend of Amy Britt, a Minor, and Jonathan Britt, Appellees.

Court of Appeals of Texas, Fort Worth.

March 9, 2006.

Attorney(s) appearing for the Case

Wallach, Andrews & Stouffer, P.C., J. Wade Birdwell, D. Michael Wallach, Cynthia Kent Maragoudakis, Fort Worth, for Appellant.

Charles M. Noteboom and Anna M. Zimmerman, Hurst, for appellees.

Panel B: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

I. Introduction

Appellant James J. Yaquinto, M.D. appeals from the trial court's dismissal without prejudice of health care liability claims brought against him by appellees Van Roger Britt, individually and on behalf of the estate of Kathryn Ann Britt, and as next friend of Amy Britt, a minor, and Jonathan Britt (the Britts). In four issues,1

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