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DUNG NGOC HUYNH v. WASHINGTON

No. 05-10-00117-CV.

339 S.W.3d 309 (2011)

DUNG NGOC HUYNH, M.D., Appellant, v. Kenneth WASHINGTON and Betty Washington, Individually and on Behalf of the Estate of Everett Washington, Appellees.

Court of Appeals of Texas, Dallas.

March 28, 2011.

Attorney(s) appearing for the Case

Russell G. Thornton , Stinnett Thiebaid & Remington, L.L.P., Dallas, TX, for Appellant.

John P. Polewski, Esq. , Polewski & Associates, DeSoto, TX, for Appellees.

Before Justices MOSELEY, O'NEILL, and LANG-MIERS.

OPINION

Opinion By Justice LANG-MIERS.

This is an interlocutory appeal from the trial court's order denying appellant Dung Ngoc Huynh, M.D.'s motion for summary judgment seeking substitution or dismissal under section 101.106(f) of the Texas Civil Practice and Remedies Code. We reverse and remand.

BACKGROUND

It is undisputed that Everett Washington died at Methodist Dallas Medical Center after receiving an excessive dose of potassium while...

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