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ESTATE OF POPE EX REL. PAYNE v. DELTA HEALTH GROUP, INC.

No. 2009-CA-01988-SCT.

55 So.3d 1080 (2011)

The ESTATE OF Ellen POPE, by and through James PAYNE, Individually and as the Personal Representative for the Use and Benefit of the Estate of Ellen Pope, and on behalf of and for the use and Benefit of the Wrongful Death Beneficiaries of Ellen Pope v. DELTA HEALTH GROUP, INC.

Supreme Court of Mississippi.

March 10, 2011.

Attorney(s) appearing for the Case

Anthony Lance Reins , Mary Jane Perry , attorneys for appellant.

Lynda Clower Carter , Nicole Collins Huffman , Biloxi, attorneys for appellee.

Before WALLER, C.J., DICKINSON, P.J., and KITCHENS, J.

KITCHENS, Justice, for the Court:

¶ 1. In this wrongful death, medical negligence action, the Court is asked to determine whether the general saving statute of Mississippi Code Section 15-1-69 applies when the original suit was dismissed for lack of standing. Because the original complaint was dismissed with prejudice, and no appeal was taken from that dismissal, we do not reach this issue, and affirm the trial court...

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