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RUNCIE v. FOLEY

No. 01-07-00998-CV.

274 S.W.3d 232 (2008)

Donald RUNCIE, Individually and as Heir and Representative of the Estate of Dorothy Runcie, Deceased, Appellant, v. Richard J. FOLEY, M.D., Appellee.

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

October 16, 2008.

Attorney(s) appearing for the Case

Clay Dugas, Mike Jacobellis, Clay Dugas & Associates, Beaumont, TX, for Appellant.

Christopher G. King, Kacal, Adams & Law, P.C., Richard M. Law, McGlinchey Stafford, PLLC, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices NUCHIA and HIGLEY.

OPINION

LAURA CARTER HIGLEY, Justice.

Appellant, Donald Runcie, appeals an order dismissing with prejudice his health care liability suit against appellee, Richard J. Foley, M.D. In his sole issue, appellant contends that the trial court erred by dismissing his suit for failure to timely file an expert report, pursuant to Texas Civil Practice and Remedies Code section 74.351.1

We affirm.

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