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WILCOX v. ORELLANO

No. 1420, September Term, 2012.

94 A.3d 127 (2014)

217 Md. App. 417

Lydia G. WILCOX, et al. v. Tristan J. ORELLANO.

Court of Special Appeals of Maryland.

June 24, 2014.

Attorney(s) appearing for the Case

Alan H. Silverberg (Summerfield, Willen, Silverberg & Limsky, LLC, on the brief) Baltimore, MD, for appellant.

Dana K. Schultz ( D. Lee Rutland , Wharton Levin Ehrmantraut & Klein PA, on the brief) Annapolis, MD, for appellee.

Panel: KRAUSER, C.J., WRIGHT, PAMELA J. WHITE (Specially Assigned), JJ.

KRAUSER, C.J.

Subsection 5-119(b) of the Courts and Judicial Proceedings Article1 permits a party, whose medical malpractice "action or claim" has been "dismissed once ... without prejudice," because of that party's failure to attach a report of an attesting expert to the certificate of a qualified expert, to re-file that "action or claim," so long as it is filed within 60 days from the date of dismissal, regardless of whether the statute...

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