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EMERITUS CORP. v. HIGHSMITH

No. 04-05-00551-CV.

211 S.W.3d 321 (2006)

EMERITUS CORPORATION & HBESC V LP d/b/a Kingsley Place at Oakwell Farms, Appellants, v. Penny HIGHSMITH, as Next Friend of Retha Griffin, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 21, 2006.

Attorney(s) appearing for the Case

Laurie A. Weiss, Rosemarie Kanusky, W. Wendell Hall, William T. Sullivan, Fulbright & Jaworski L.L.P., San Antonio, for appellants.

Janice Maloney, Law Office of Pat Maloney, P.C., Thomas G. Kemmy, Law Office of Thomas G. Kemmy, San Antonio, for appellee.

Sitting: SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, PHYLIS SPEEDLIN, Justice.

OPINION

Opinion by SARAH B. DUNCAN, Justice.

Emeritus Corporation and HB-ESC V LP d/b/a Kingsley Place at Oakwell Farms appeal the trial court's order denying their motion to dismiss the claims filed by Penny Highsmith because she failed to timely file an expert report. We hold an order denying a motion to dismiss in this context is subject to interlocutory appeal even though the order also grants an extension of time to serve an expert report unless...

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