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MARKS v. ST. LUKE'S EPISCOPAL HOSP.

No. 01-04-00228-CV.

229 S.W.3d 396 (2007)

Irving W. MARKS, Appellant, v. ST. LUKE'S EPISCOPAL HOSPITAL, Appellee.

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

Rehearing Overruled August 17, 2007.

Attorney(s) appearing for the Case

James E. Doyle, Doyle, Resptrepo, Harwin & Robbins, LLP, Michael P. Doyle, Doyle Raizner LLP, Michael David Schimek, Houston, TX, for appellant.

Jennifer H. Davidow, L. Boyd Smith Jr., Vinson & Elkins LLP, Houston, TX, for appellee.

Panel consists of Justices NUCHIA, JENNINGS, and ALCALA.

OPINION ON REMAND

SAM NUCHIA, Justice.

Appellant, Irving W. Marks, appeals from a final order dismissing his claims against appellee, St. Luke's Episcopal Hospital ("St. Luke's"), for failure to file expert reports as required by statute for health care liability claims. In our original opinion, we held that appellant's underlying complaint in his original petition related to premises liability, not medical liability, and that appellant's complaint was governed...

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