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THOYAKULATHU v. BRENNAN

No. 06-05-00070-CV.

192 S.W.3d 849 (2006)

Sam G. THOYAKULATHU, M.D., and Sam T. George, P.A., Appellants v. Francis J. BRENNAN, Individually, et al., Appellees.

Court of Appeals of Texas, Texarkana.

Decided April 27, 2006.

Attorney(s) appearing for the Case

Diana L. Faust, R. Brent Cooper, Cooper & Scully, PC, Dallas, for appellant.

David M. Stagner, Stagner & Corley, Kenneth W. Roesler, Attorney At Law, Lester W. Vance, Lester W. Vance, PC, Sherman, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

By the end of the last day1 to serve timely expert reports on defendants, Sam G. Thoyakulathu, M.D., and Sam T. George, P.A. (Appellants), health care liability claimant, Francis J. Brennan, had obtained and filed reports, but had not served them on Appellants. Evidence suggests that, on that day, Brennan tried but failed to serve the reports by facsimile transmission. Appellants...

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