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KLEIN v. HERNANDEZ

No. 01-06-00569-CV.

260 S.W.3d 1 (2008)

Geoffrey KLEIN and Baylor College of Medicine, Appellants, v. Cynthia HERNANDEZ, as Next Friend of Nahomy Hernandez, a Minor, Appellee.

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

Substituted Concurring Opinion April 21, 2008.

Attorney(s) appearing for the Case

Alicia Thais Kramer, Marion W. Kruse, Kruse Law Firm, P.C., Houston, for Appellants.

Robert J. Talaska, Theodore Gregory Skarbowski, Talaska Law Firm, P.L.L.C., Houston, for Appellee.

Panel consists of Justices TAFT, JENNINGS, and ALCALA.

OPINION ON REHEARING

TERRY JENNINGS, Justice.

We issued an opinion and judgment in this appeal on August 3, 2007. Appellants, Baylor College of Medicine ("Baylor") and Dr. Geoffrey Klein, filed motions for rehearing and en banc reconsideration. We grant appellants' motion for rehearing, withdraw our August 3, 2007 opinion, substitute this opinion in its place, and vacate our August 3, 2007 judgment.1

In this interlocutory...

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