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SCHMIDT v. DUBOSE

No. 09-07-492 CV.

259 S.W.3d 213 (2008)

John A. SCHMIDT and Port Arthur Surgical Association, P.A, Appellants v. Heather DUBOSE, Appellee.

Court of Appeals of Texas, Beaumont.

Delivered June 26, 2008.

Attorney(s) appearing for the Case

Dale Burrus Frisby and Christopher D. Lindstrom, Kroger, Myers, Frisby & Hirsch, Houston, for appellants.

B. Adam Terrell, Weller, Green, Toups & Terrell, L.L.P., Beaumont, for appellee.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.

OPINION

CHARLES KREGER, Justice.

This is an interlocutory appeal from the denial of a motion to dismiss a health care liability claim for failure to file an expert report. See TEX. CIV. PRAC. & REM.CODE ANN. §§ 51.014(a)(9), 74.351(b) (Vernon Supp.2007). John A. Schmidt and Port Arthur Surgical Association, P.A. ("PASA"), appeal the trial court's denial of their motion to dismiss a particular theory of liability in Heather Dubose's medical...

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