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VARGAS v. CHAVEZ EX REL. CHAVEZ

No. 08-09-00139-CV.

327 S.W.3d 338 (2010)

Antonio VARGAS and Vista Hills Health Care Center, L.P., Appellants, v. Maria Lourdes CHAVEZ, by and through her Agent Under Power of Attorney, Jessica CHAVEZ, Appellee.

Court of Appeals of Texas, El Paso.

October 20, 2010.

Attorney(s) appearing for the Case

Michael V. Brophy , The Brophy Law Firm, P.C., Sugar Land, TX, for Appellants.

David A. Bonilla , El Paso, TX, for Appellee.

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

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Appellants' Antonio Vargas and Vista Hills Health Care Center appeal the trial court's denial of their motion to dismiss for failure to file a medical expert report. Because we conclude the case was rendered moot by Appellee's motion for non-suit, we will reverse the trial court's order and dismiss the case.

Appellee, Jessica Chavez, filed the underlying lawsuit on January 11, 2008, alleging the...

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