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UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER v. GUTIERREZ

No. 01-07-00455-CV.

237 S.W.3d 869 (2007)

UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON, Appellant, v. Frank GUTIERREZ, Individually and as Representative of the Estate of Theresa Gutierrez, Deceased, and as next friend of Michelle Gutierrez, a Minor, Amanda Gutierrez, Frank Gutierrez Jr., and Patricia Ramirez, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled November 20, 2007.

Attorney(s) appearing for the Case

Matthew Jason Warner, Asst. Atty. Gen., Tort Litigation Division, Austin, for Appellant.

Fritz Barnett, Barnett & Craddock, L.L.P., Houston, Abraham Moss, Moss Law Office, Corpus Christi, for Appellees.

Panel consists of Justices TAFT, HANKS, and HIGLEY.

Rehearing En Banc Overruled November 20, 2007.

OPINION

TIM TAFT, Justice.

The Court's opinion and judgment in the above-referenced appeal issued on October 4, 2007. After due consideration, and within its plenary power, the Court sua sponte withdraws its October 4, 2007 opinion and judgment and issues today's opinion and judgment in their stead. See TEX. R.APP. P. 19.1 (setting plenary power of courts of appeals).

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