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CONSTANCIO v. BRAY

No. 03-06-00583-CV.

266 S.W.3d 149 (2008)

Pifi CONSTANCIO, Individually and on behalf of The Estate of Ruben Constancio, Deceased, Appellant v. James BRAY, M.D., Appellee.

Court of Appeals of Texas, Austin.

September 5, 2008.

Attorney(s) appearing for the Case

Jay Harvey, Winckler & Harvey, L.L.P., Austin, TX, for appellant.

Dana D. Banks, Smith, Rose, Finley, Harp & Price, P.C., San Angelo, TX, for appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

Pifi Constancio, individually and on behalf of the estate of Ruben Constancio, deceased, appeals the district court's dismissal of her medical malpractice claims against Dr. James Bray for failure to serve an expert report as required by chapter 74 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem.Code Ann. § 74.351 (West Supp.2008). Constancio raises two issues on appeal: (1) the...

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