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HERRERA v. SETON NORTHWEST HOSP.

No. 03-05-00115-CV.

212 S.W.3d 452 (2006)

Jose HERRERA, Appellant, v. SETON NORTHWEST HOSPITAL and Francois A. Gordan, M.D., Appellees.

Court of Appeals of Texas, Austin.

June 23, 2006.

Attorney(s) appearing for the Case

Sergio Gonzalez, El Paso, for appellant.

Alice M. Rutledge, Fred E. Davis, Davis & Davis, PC, Austin, for Gordan.

Maria Cantu Hexsel, J. Stephen Dillawn, Germer Gertz Beaman & Brown, LLP, Austin, for Seton Northwest Hospital.

Before Justices B.A. SMITH, PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

In this appeal, we must decide whether the district court was required to dismiss a medical malpractice suit based on the claimant's failure to serve an expert report and curriculum vitae in compliance with chapter 74 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a), (b) (West 2005). Because we conclude that section 74.351(b) mandated dismissal of the claimant...

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