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LEWIS v. FUNDERBURK

No. 10-05-00197-CV.

191 S.W.3d 756 (2006)

Rory LEWIS, M.D., Appellant v. Dewayne FUNDERBURK, as next Friend of Whitney Funderburk, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled May 9, 2006.

Attorney(s) appearing for the Case

Andrew F. MacRae, Hull Hendricks & MacRae LLP, Austin, for Rory Lewis, M.D.

Amy Grubbs Thomas, The Law Offices of Amy Thomas, Mexia, for Dewayne Funderburk and Whitney Funderburk.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

Dewayne Funderburk filed a medical malpractice suit against Rory Lewis alleging that Lewis improperly treated his daughter's fractured wrist. The court denied Lewis's motion to dismiss premised on Funderburk's failure to serve an expert report on Lewis within 120 days after the filing of suit. Lewis appeals the denial of the dismissal motion along with subsequent rulings of the court. Because Lewis's notice of appeal is untimely...

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