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McINTOSH v. PARTRIDGE

No. 01-12-00368-CV.

426 S.W.3d 201 (2012)

Jonathon C. McINTOSH, D.D.S., Appellant v. David PARTRIDGE, M.D., individually and in his Official Capacity, and Adalberto Barrera, individually and in his Official Capacity, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

November 6, 2012.

Attorney(s) appearing for the Case

Joseph R. Willie, II , Willie & Associates, P.C., Houston, TX, for Appellant.

David G. Halpern , Assistant Attorney General, Austin, TX, for Appellees.

Panel consists of Justices HIGLEY, SHARP, and HUDDLE.

ORDER ON REHEARING

LAURA CARTER HIGLEY, Justice.

On July 19, 2012, the Court dismissed this appeal for want of prosecution after appellant, Jonathon C. McIntosh, D.D.S., did not respond to the Court's notice that the required filing fees had not been paid. See TEX.R.APP. P. 5 (stating that "[a] party who is not excused by statute or these rules from paying costs must pay — at the time an item is presented for filing — whatever fees are...

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