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BENAVIDES v. GARCIA

No. 04-08-00277-CV.

278 S.W.3d 794 (2009)

Enrique F. BENAVIDES, Jr., M.D., Appellant, v. Jorge R. GARCIA, Individually and as Legal Representative of the Estate of Annabel De Jesus Garcia; and Jorge R. Garcia as Next Friend of Ana Victoria Garcia, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled February 12, 2009.

Attorney(s) appearing for the Case

Ronald G. Hole, Cecilia Brown Garcia, Hole & Alvarez L.L.P., McAllen, TX, for Appellant.

Kimberly S. Keller, The Keller Law Firm, Sandra D. Laurel, Ford & Laurel, LLP, San Antonio, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

This is an appeal from the trial court's denial of appellant's motion to dismiss appellees' health care claim on the grounds that (1) the expert report was not authored by a qualified expert and (2) the report does not set out the causal connection between the alleged breach and the alleged injury. We conclude the trial court did not abuse its discretion in denying the motion to dismiss and we affirm.

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