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DAUGHTERY v. SCHIESSLER

No. 11-06-00005-CV.

229 S.W.3d 773 (2007)

Birdell DAUGHTERY and Leslie Daughtery, individually and as Representatives of the Estate of Reta Daughtery, Deceased, Appellants, v. David SCHIESSLER, CRNA and Abilene Diagnostic Clinic, P.L.L.C., Appellees.

Court of Appeals of Texas, Eastland.

May 17, 2007.

Attorney(s) appearing for the Case

Monte J. White, Steven Douglas Florendine, Monte J. White & Associates, P.C., Wichita Falls, for appellants.

Jeffrey R. Ross, Elizabeth Fraley, Fraley & Fraley, L.L.P., Kevin A. Koudelka, Jones, Carr, McGoldrick, L.L.P., Dallas, for appellees.

Panel consists of WRIGHT, C.J., McCALL, J., and McCLOUD, S.J.

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

This appeal involves the dismissal of a health care liability claim based upon the plaintiffs' failure to provide an expert report within the 120-day period mandated by TEX. CIV. PRAC. REM.CODE ANN. § 74.351 (Vernon Supp.2006). The issue is whether the taking of a nonsuit affects the time period within which to comply with Section 74.351. The plaintiffs, Birdell Daughtery and Leslie Daughtery, individually...

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