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ARCEO v. TOLLIVER

No. 2005-IA-00652-SCT.

949 So.2d 691 (2006)

Salvador ARCEO, M.D. and St. Dominic-Jackson Memorial Hospital v. Myrtis TOLLIVER, as Administratrix of the Estate of Tommie C. Tolliver, Deceased, Individually, and on Behalf of the Wrongful Death Beneficiaries of Tommie C. Tolliver, Deceased.

Supreme Court of Mississippi.

November 16, 2006.

Attorney(s) appearing for the Case

Paul E. Barnes, George Quinn Evans, Kathryn Russell Gilchrist, Edmund L. Brunini, Jackson, attorneys for appellants.

W. Eric Stracener, E. Vincent Davis Deborah McDonald, Natchez, attorneys for appellee.

EN BANC.

ON MOTION FOR REHEARING

CARLSON, Justice, for the Court.

¶ 1. The motion for rehearing is denied. The original opinions are withdrawn, and these opinions are substituted therefor.

¶ 2. Aggrieved by the trial court's refusal to dismiss this medical malpractice case due to the plaintiff's failure to give the required statutory notice, Salvador Arceo, M.D., petitioned this Court for an interlocutory appeal. St. Dominic—Jackson Memorial...

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