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NELSON v. BAPTIST MEMORIAL HOSPITAL

No. 2005-CA-02058-COA.

972 So.2d 667 (2007)

Billy NELSON and Gaynelle Nelson, Individually and as Parents and Next Friends of Justin Nelson, a Minor, and as Representatives of All Wrongful Death Beneficiaries of Bobby Nelson, Deceased, Appellants v. BAPTIST MEMORIAL HOSPITAL — NORTH MISSISSIPPI, INC.; William E. Henderson, Jr., M.D., General Partner; Oxford Clinic For Women, A Partnership; Ira Lamar Couey, M.D., General Partner; and R. Blake Smith, M.D., General Partner, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied September 18, 2007.

Attorney(s) appearing for the Case

James W. Kitchens, Margaret P. Ellis, Roderick D. Ward, Jackson, attorneys for appellants.

Clinton M. Guenther, Greenwood, Robert S. Mink, Jackson, attorneys for appellees.

Before MYERS, P.J., ISHEE and ROBERTS, JJ.

ISHEE, J., for the Court.

¶ 1. Billy and Gaynelle Nelson filed suit for the wrongful death of their son Bobby Nelson, who was born on April 26, 2001, at Baptist Memorial Hospital in Oxford, Mississippi, and subsequently died on July 14, 2001. After granting an extension of time for service, Judge Andrew Howorth recused himself, and his successor, Judge Henry Lackey, vacated the extension for lack of good cause, ruled that the Nelsons had not complied with the...

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