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SPURGEON v. EGGER

No. 2005-CA-01952-COA.

989 So.2d 901 (2007)

Hilda Patsy SPURGEON and Ottis Jerome Spurgeon, Appellants v. Edwin G. EGGER, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied April 15, 2008.

Certiorari Denied August 7, 2008.

Attorney(s) appearing for the Case

William R. Armstrong, Jackson, attorney for appellants.

Steven Cavitt Cookston, Clinton M. Guenther, Tommie G. Williams, Greenwood, attorneys for appellee.

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

ROBERTS, J., for the Court.

SUMMARY OF THE CASE

¶ 1. Hilda and Ottis Spurgeon sued Dr. Edwin Egger for medical malpractice. One hundred eleven days after the Spurgeons filed their complaint, a process server served Dr. Egger's medical assistant. The process server's return showed that he personally served Dr. Egger. Three days later, Dr. Egger's attorney sent the Spurgeons a letter and stated that Dr. Egger had notice of the lawsuit and that he planned...

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