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APODACA v. MILLER

No. 08-06-00226-CV.

281 S.W.3d 123 (2008)

Elena Maria APODACA, Appellant, v. William Thad MILLER, M.D., Appellee.

Court of Appeals of Texas, El Paso.

August 7, 2008.

Attorney(s) appearing for the Case

Alfonso L. Melendez, El Paso, TX, for Appellant.

David S. Jeans, Ray, Valdez, McChristian & Jeans, El Paso, TX, for Appellee.

Before CHEW, C.J., McCLURE, J., and BARAJAS, C.J. (Ret.).

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

This appeal arises from an order granting Dr. William T. Miller's motion to dismiss, for failure to provide a sufficient medical expert report pursuant to former Tex.Rev.Civ. Stat. Ann. art. 4590i. Ms. Elena Maria Apodaca raises two issues for review. In Issue One, Ms. Apodaca asserts that Dr. Miller waived his right to dismissal due to an inadequate expert report by waiting three years to file his motion...

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