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AVILES v. AGUIRRE

No. 08-0240.

292 S.W.3d 648 (2009)

Wilfredo AVILES, M.D., and Wilfredo Aviles, M.D., P.A., Petitioners, v. Albert AGUIRRE, et al., Respondents.

Supreme Court of Texas.

July 3, 2009.

Attorney(s) appearing for the Case

Ida Cecilia Garza, Ronald G. Hole, Hole & Alvarez L.L.P., McAllen, TX, for Petitioner.

Francisco J. Rodriguez, Rodriguez Tovar & Lopez, LLP, McAllen, TX, for Respondent.

PER CURIAM.

Like the current statute,1 former article 4590i required dismissal of a health-care claim if no timely expert report was served, and an award of attorney's fees and costs "incurred" by the defendant. Act of May 5, 1995, 74th Leg., R.S., ch. 140, § 13.01, 1995 Tex. Gen. Laws 985, 986, repealed by Act of June 2, 2003, 78th Leg., R. S., ch. 204, § 10.09, 2003 Tex. Gen. Laws 847, 884 (hereinafter "article 4590i...

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