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ABILENE DIAGNOSTIC CLINIC v. DOWNING

No. 11-06-00012-CV.

233 S.W.3d 532 (2007)

ABILENE DIAGNOSTIC CLINIC, Appellant, v. Charlette DOWNING, as Representative of the Estate of Justin D. Pruitt, Deceased, Appellee.

Court of Appeals of Texas, Eastland.

August 23, 2007.

Attorney(s) appearing for the Case

C. Davis Chapman, James G. Stouffer, Jr., Wallach, Andrews & Stouffer, P.C., Fort Worth, for appellant.

Rick Dunbar, Burt L. Burnett, Burnett & Burke, LLP, Abilene, for appellee.

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

OPINION

JIM R. WRIGHT, Chief Justice.

This is an appeal from the trial court's dismissal of a health care liability claim. Abilene Diagnostic Clinic (the Clinic) appeals from the trial court's order granting the Clinic's motion to dismiss but denying an award for attorney's fees. We affirm in part and reverse and remand in part on the issue of attorney's fees.

On May 29, 2003, Charlette Downing, as representative of the estate of Justin D. Pruitt...

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