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DOAN v. CHRISTUS HEALTH ARK-LA-TEX

No. 06-10-00040-CV.

329 S.W.3d 907 (2010)

Margaret DOAN, Appellant, v. CHRISTUS HEALTH ARK-LA-TEX, d/b/a Christus St. Michael Health System, Appellee.

Court of Appeals of Texas, Texarkana.

Decided December 15, 2010.

Attorney(s) appearing for the Case

John F. Stroud III , Gregory A. Hoover , Texarkana, for appellant.

Erin L. Leeser , Kevin W. Yankowsky , Fulbright & Jaworski LLP, Houston, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

Because the statutorily-mandated expert report and curriculum vitae were not served within 120 days from filing of the original petition, the trial court dismissed this medical liability claim and granted an attorney's fee. Appellant, Margaret Doan, raises a single issue contending portions of Section 74.351 of the Texas Civil Practice and Remedies Code violate her rights under the Open Courts provision of the Texas

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