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PRICE v. DIVITA

No. 01-05-00799-CV.

224 S.W.3d 331 (2006)

Gordon Allen PRICE, Appellant, v. Eugene C. DIVITA, M.D. d/b/a Gene Divita, M.D., P.A., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled September 26, 2006.

Attorney(s) appearing for the Case

Michael M. Essmyer, Essmyer & Tritico, L.L.P., Houston, TX, for Appellant.

James Boston, James R. Boston & Associates, and Gary Sommer, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices TAFT and NUCHIA.

OPINION

SHERRY RADACK, Chief Justice.

This is a medical malpractice action filed pursuant to the Medical Liability and Improvement Act, former TEX.REV.CIV. STAT. ANN. art. 4590i §§ 1.02-16.02, current version at TEX. CIV. PRAC. & REM.CODE ANN. §§ 74.001-.507 (Vernon 2005),1 and concluded by a no-evidence summary judgment2 rendered in favor of the defendant psychiatrist, appellee...

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