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BARRERA v. RICO

No. 05-0928.

251 S.W.3d 519 (2008)

Ricardo BARRERA, M.D., Petitioner, v. Isela RICO and Manuel Rico, Individually and as Parents and Next Friends of Gloria Rico, a Minor, Respondents.

Supreme Court of Texas.

April 18, 2008.

Attorney(s) appearing for the Case

Ronald G. Hole, Ida Cecilia Garza, Hole & Alvarez, P.C., McAllen, TX, for Petitioner.

Robert J. Talaska, Timothy Lyle Culberson, The Talaska Law Firm P.L.L.C., Houston, TX, for Respondents.

PER CURIAM.

At issue in this case is whether the trial court's denial of two motions for dismissal with prejudice and sanctions under former article 4590i of the Medical Liability Insurance Improvement Act (MLIIA) is appealable following a plaintiff's nonsuit.1 A divided court of appeals dismissed the case for lack of jurisdiction, concluding that the trial court's subsequent entry of the plaintiff...

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