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STROUD v. GRUBB

No. 01-09-00945-CV.

328 S.W.3d 561 (2010)

Daniel STROUD, M.D., Appellant, v. Jerry GRUBB, Individually and as Representative of the Estate of Lonnie Grubb, Deceased, Appellee.

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

May 13, 2010.

Attorney(s) appearing for the Case

David J. McTaggart , Wayne Clawater , Cruse, Scott, Henderson & Allen, LLP, Scott Nichols , Strasburger & Price, LLP, Houston, TX, Donald S. Stephens , James B. Edwards , Edwards & Associates, Stafford, TX, for Appellant.

Andrew Todd McKinney IV , McKinney & Cooper, L.L.P., Spencer G. Markle , Vascoe, Valdes & Markle, L.L.P., Houston, TX, for Appellee.

Panel consists of Justices JENNINGS, HANKS, and BLAND.

OPINION

JANE BLAND, Justice.

In this interlocutory appeal, we decide the proper deadline for filing an expert report corresponding to a defendant who is added to an existing lawsuit. Jerry Grubb, individually and as representative of the estate of Lonnie Grubb, sued Dr. Amilcar Avendano for wrongful death, negligence, and gross negligence. A year after filing the initial petition, Grubb filed an amended petition, naming Dr. Daniel Stroud as an additional...

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