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HENSARLING v. HOLLY

No. 2003-CA-00096-COA.

972 So.2d 716 (2007)

James K. HENSARLING, M.D., Appellant, v. Sandra HOLLY, M.D., Appellee.

Court of Appeals of Mississippi.

Rehearing Denied October 16, 2007.

Attorney(s) appearing for the Case

Joel W. Howell, Jackson, attorney for appellant.

Samuel O. Morris, Jackson, attorney for appellee.

Before KING, C.J., CHANDLER and ISHEE, JJ.

CHANDLER, J., for the Court.

¶ 1. Dr. James K. Hensarling appeals the dismissal of his medical malpractice suit, claiming that the trial court abused its discretion by dismissing his case with prejudice for failure to timely prosecute the case.

FACTS

¶ 2. On September 11, 1998, the day before the two-year statute of limitations was to expire, Hensarling filed a complaint against Dr. Sandra Holly, Dr. Ed Burchak, Baptist Behavioral Health...

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