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SIKES v. HERITAGE OAKS WEST RETIR. VILLAGE

No. 10-06-00176-CV.

238 S.W.3d 807 (2007)

Eugenia Ginger SIKES, Cynthia Durham, and Jennifer Branam, Individually and on Behalf of the estate of Joel Sikes, Deceased, Appellants, v. HERITAGE OAKS WEST RETIREMENT VILLAGE, Shamrock Care Center, Inc., Individually and d/b/a Heritage Oaks West Retirement Village, James Moore, Heritage Oaks Retirement Village, Navarro Convalescent, Inc., Individually and d/b/a Heritage Oaks Retirement Village, The Westwind Corp., Individually and d/b/a Centex Management Co., and Carolee Hughey, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled October 23, 2007.

Attorney(s) appearing for the Case

E. Barham Bratton, The Bratton Firm PC, Scott A. Young, Attorney At Law, Austin, Micah C. Haden, Law Office of Micah C. Haden, Corsicana, TX, for Appellant/Relator.

Bob K. Monk, McPherson, Monk, Hughes Bradley Wimberley & Steele, Port Arthur, Ronald E. Bunch, Waxahachie, TX, for Appellee/Respondent.

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

OPINION

FELIPE REYNA, Justice.

The wife and children of decedent Joel Sikes1 filed wrongful death and survival claims against Heritage Oaks West Retirement Village and others2 alleging malpractice in his treatment.

The Sikeses appeal the trial court's judgment on an arbitration award. They first complain that the Dispute Resolution Plan is unenforceable because: 1) it does not comply with...

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