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RABATIN v. KIDD

No. 08-07-00137-CV.

281 S.W.3d 558 (2008)

Thomas A. RABATIN, Individually and as Personal Representative of the Estate of Maria Rabatin, deceased, Tony Chacon and Andres Chacon, Appellants, v. Joseph KIDD, M.D., Haroutioun Shahinian, M.D., and Neil Grieshop, M.D., Appellees.

Court of Appeals of Texas, El Paso.

October 23, 2008.

Attorney(s) appearing for the Case

John Grost, El Paso, for Appellants.

H. Keith Myers, Mounce, Green, Myers, Safi & Galatzan, Cynthia C. Llamas, Hicks & Llamas, P.C., El Paso, Mark A. Stinnett, Dallas, for Appellees.

Before CHEW, C.J., McCLURE, J., and ABLES (Sitting by Assignment), Judge.

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

This is an appeal from a summary judgment based on the statute of limitations of the Texas Medical Liability Act.1 Appellants mailed the notice and medical authorization form as required to toll the statute of limitations, but the authorization form was defective. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND...

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