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UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER v. RIPLEY

No. 04-06-00307-CV.

230 S.W.3d 419 (2007)

UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO, Appellant, v. Kenneth RIPLEY, Individually and as Representative of the Estate of Frederick Ripley, Deceased; Frederick H. Ripley, II, and Alma Y. Ripley, Appellees.

Court of Appeals of Texas, San Antonio.

June 20, 2007.

Attorney(s) appearing for the Case

David Grant Halpern, Asst. Atty. Gen., Austin, for appellant.

Jeffrey C. Anderson, Law Office of Jeffrey C. Anderson, San Antonio, for appellees.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, KAREN ANGELINI, SANDEE BRYAN MARION, PHYLIS J. SPEEDLIN, REBECCA SIMMONS, Justices; and, STEVEN C. HILBIG, Justice, concurring in judgment only.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

University of Texas Health Science Center at San Antonio (UTHSC) appeals the trial court's order denying its motion to dismiss filed pursuant to section 74.351(b) of the Texas Civil Practice and Remedies Code ("Code"). UTHSC contends that the trial court abused its discretion because the appellees, Kenneth Ripley, Individually and as Representative of the Estate of Frederick Ripley, Deceased, Frederick Ripley...

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