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FOSTER v. ZAVALA

No. 11-05-00315-CV.

214 S.W.3d 106 (2006)

Bruce Evan FOSTER, Executor of the Estate of Niles Reid Foster, D.P.M., Appellant, v. Margarita B. ZAVALA, Appellee.

Court of Appeals of Texas, Eastland.

December 21, 2006.

Attorney(s) appearing for the Case

David A. Clark, Henry S. Platts Jr., Joseph M. Nixon, Beirne, Maynard & Parsons, L.L.P., Houston, for appellant.

Rick Dunbar, Jon Hanna, Law Office of Jon Hanna, Abilene, for appellee.

Miles R. Nelson, Shafer, Davis, O'Leary & Stoker, Odessa, for Ector County Hospital District d/b/a Medical Center Hospital.

Scott M. Tidwell, Tidwell & Tidwell, L.L.P., Odessa, for Manaharial Parekh.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

This is an appeal from the trial court's denial of a motion to dismiss a medical malpractice claim. See TEX. CIV. PRAC. & REM.CODE ANN. § 74.351 (Vernon Supp. 2006). In the motion to dismiss, the executor for the estate of Dr. Niles Reid Foster, a podiatrist, requested that the health care liability claim against Dr. Foster be dismissed because Margarita B. Zavala's expert, Alan C. Leshnower, M.D., a cardiovascular...

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