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ARCEO v. TOLLIVER

No. 2008-CA-00224-SCT.

19 So.3d 67 (2009)

Salvador ARCEO, M.D., and St. Dominic-Jackson Memorial Hospital v. Myrtis TOLLIVER, as Administratrix of the Estate of Tommie C. Tolliver, Deceased, and Individually, and the Wrongful Death Beneficiaries of Tommie C. Tolliver, Deceased.

Supreme Court of Mississippi.

Rehearing Denied October 29, 2009.

Attorney(s) appearing for the Case

Paul E. Barnes, Kimberly N. Howland, Gretchen W. Kimble, Sharon F. Bridges, Jackson, Jonathan R. Werne, attorneys for appellants.

W. Andrew Neely, W. Eric Stracener, E. Vincent Davis, Natchez, Deborah McDonald, attorneys for appellee.

EN BANC.

WALLER, Chief Justice, for the Court.

¶ 1. Salvador Arceo, M.D., and St. Dominic-Jackson Memorial Hospital seek review of the second dismissal without prejudice of Myrtis Tolliver's medical malpractice claim for failure to comply with the notice provisions of Mississippi Code Section 15-1-36(15).

FACTS AND PROCEDURAL HISTORY

¶ 2. This is the second appearance of these parties before this Court. Arceo v. Tolliver,

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