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FOWLER v. WHITE

No. 2011-CA-00286-SCT.

85 So.3d 287 (2012)

Jimmy Steven FOWLER, Jr., Individually and for and on Behalf of the Wrongful Death Beneficiaries of Jimmy Steven Fowler, Deceased v. John Paul WHITE, M.D., Marilyn Lehman, R.N. and the Sanctuary Hospice House, Inc.

Supreme Court of Mississippi.

March 29, 2012.

Attorney(s) appearing for the Case

Steven J. Irwin , attorney for appellant.

Margaret Sams Gratz , L.F. Sams, Jr. , Tupelo, John G. Wheeler , attorneys for appellees.

Before CARLSON, P.J., LAMAR and CHANDLER, JJ.

CHANDLER, Justice, for the Court:

¶ 1. The Circuit Court of Lee County dismissed Jimmy Steven Fowler Jr.'s wrongful-death action for failure to timely serve presuit notice on the defendants as required by Mississippi Code Section 15-1-36(15) (Rev. 2003). The trial court denied Fowler's motion for reconsideration. Fowler appeals, arguing that (1) he presented evidence which raised a presumption of timely presuit notice; (2) the trial court erred by denying his...

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