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SMITH v. FINANCIAL INS. CO. OF AMERICA

No. 11-06-00271-CV.

229 S.W.3d 405 (2007)

J. Scott SMITH, M.D., Appellant, v. FINANCIAL INSURANCE COMPANY OF AMERICA, In Receivership, and Texas Property and Casualty Insurance Guaranty Association, Appellees.

Court of Appeals of Texas, Eastland.

May 3, 2007.

Attorney(s) appearing for the Case

Jill C. Pennington, Max E. Wright, Wright & Jackson, P.C., Midland, for appellant.

Mark T. Curry, Mark T. Curry & Associates, Houston, for appellees.

Panel consists of WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

This is an interlocutory appeal from an order denying a motion to dismiss a health care liability claim for failing to comply with the filing requirements for an expert report. See TEX. CIV. PRAC. & REM.CODE ANN. §§ 51.014(a)(9), 74.351(a), (b) (Vernon Supp.2006). This appeal presents a question that appears to be one of first impression: May a workers' compensation...

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