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SPITZER v. BERRY

No. 12-07-00276-CV.

247 S.W.3d 747 (2008)

Stuart SPITZER, M.D., Appellant, v. Madelon BERRY, Individually and as Personal Representative/Administrator/Executor of the Estate of Tommy Berry, Appellee.

Court of Appeals of Texas, Tyler.

February 22, 2008.

Attorney(s) appearing for the Case

Ty A. Bailey, for appellant.

Timothy W. Weltin, for appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.

OPINION

BRIAN HOYLE, Justice.

Stuart Spitzer, M.D., appeals the trial court's order denying Spitzer's motion to dismiss a medical malpractice lawsuit filed against him by Madelon Berry. In his sole issue, Spitzer argues that the trial court erred in denying his motion to dismiss. We affirm.

BACKGROUND1

Berry brought her lawsuit against Spitzer...

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