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SAMLOWSKI v. WOOTEN

No. 08-0667.

332 S.W.3d 404 (2011)

Eberhard SAMLOWSKI, M.D., Petitioner, v. Carol WOOTEN, Respondent.

Supreme Court of Texas.

Decided February 25, 2011.

Rehearing Denied April 1, 2011.

Attorney(s) appearing for the Case

Kay E. Ellington , Law Office of Kay E. Ellington, P.C., Dallas, for Eberhard Samlowski,

Barney L. McCoy , Michael W. Cramer , The Cramer Law Firm, Houston, for Carol Wooten.

Justice MEDINA announced the judgment of the Court and delivered an opinion in which Chief Justice JEFFERSON and Justice HECHT joined.

Texas Civil Practice and Remedies Code section 74.351 requires that a trial court dismiss a health care liability claim unless the claimant serves an expert report within 120 days after filing suit. TEX. CIV. PRAC. & REM.CODE § 74.351(b). This dismissal requirement is subject to...

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