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FRANKA v. VELASQUEZ

No. 04-06-00190-CV.

216 S.W.3d 409 (2006)

John Christopher FRANKA, M.D. and Nagakrishna Reddy, M.D., Appellants, v. Stacey VELASQUEZ and Saragosa Alaniz, Both Individually and as Next Friends of their Minor Child, Saragosa Mario Alaniz, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 29, 2006.

Rehearing Overruled January 3, 2007.

Attorney(s) appearing for the Case

Karen R. Roberts, Rosemary L. Hollan, Hollan Law Firm, P.C., Thomas H. Crofts, Jr., Crofts & Callaway, P.C., San Antonio, for appellants.

Gene S. Hagood, Hagood & Neumann, L.L.P., Alvin, for appellees.

Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

OPINION

Opinion by ALMA L. LÓPEZ, Chief Justice.

John Christopher Franka, M.D. and Nagakrishna Reddy, M.D. appeal the trial court's orders denying their motion for summary judgment of substitution or dismissal. Franka and Reddy contend that the trial court erred in denying their motion because they were entitled to be dismissed from the underlying cause pursuant to section 101.106(f) of the Texas Civil Practice and Remedies Code. Because we hold that...

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