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McDANIEL v. SPECTRUM HEALTHCARE RESOURCES, INC.

No. 04-06-00185-CV.

238 S.W.3d 788 (2007)

Janice McDANIEL and Patrick McDaniel, Appellants, v. SPECTRUM HEALTHCARE RESOURCES, INC. and Michael Sims, Appellees.

Court of Appeals of Texas, San Antonio.

August 22, 2007.

Attorney(s) appearing for the Case

Jeffrey C. Anderson, Jessica L. Lambert, Law Office of Jeffrey C. Anderson, San Antonio, for appellants.

Robert R. Biechlin, Jr., Richard C. Harrist, Thornton, Biechlin, Segrato, Reynolds & Guerra, L.C., San Antonio, for appellees.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, dissenting without opinion.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

The controlling legal issue presented in this appeal is whether an Agreed Special Setting and Docket Control Order incorporated a written agreement extending the date for serving an expert report under section 74.351(a) of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM.CODE ANN. § 74.351(a) (Vernon Supp.2006). Because we hold that the

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