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REGENT HEALTH CARE CENTER v. WALLACE

No. 08-07-00321-CV.

271 S.W.3d 434 (2008)

REGENT HEALTH CARE CENTER OF EL PASO, L.P., d/b/a Regent Care Center of El Paso, Appellant, v. Melba WALLACE, Individually, and on Behalf of the Estate of Spurgeon Wallace, Appellee.

Court of Appeals of Texas, El Paso.

November 25, 2008.

Attorney(s) appearing for the Case

Dennis J. Drouillard, San Antonio, for Appellant.

Victor F. Poulos, Law Offices of Victor F. Poulos, P.C., El Paso, for Appellee.

Before CHEW, C.J., McCLURE, and CARR, JJ.

OPINION

KENNETH R. CARR, Justice.

Regent Health Care Center appeals the denial of its motion to dismiss pursuant to section 74.351 of the Texas Medical Liability and Insurance Improvement Act.1 For the following reasons, we remand for proceedings consistent with this opinion.

I. BACKGROUND

Spurgeon Wallace was an eighty-one-year-old man from Dell City, Texas...

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