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SAN ANTONIO EXTENDED MED. CARE v. VASQUEZ

No. 04-10-00727-CV.

358 S.W.3d 685 (2011)

SAN ANTONIO EXTENDED MEDICAL CARE, INC. d/b/a Med Mart, Appellant, v. Ruben VASQUEZ, Individually and as Administrator of the Estate of Ruben Vasquez, Jr. Deceased & Oralia Vasquez, Joe Jimenez and Rosa Ward, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 16, 2011.

Attorney(s) appearing for the Case

Michael E. Flume , Flume Law Firm, LLP, San Antonio, TX, for appellant.

Andrew E. Toscano , Gene Toscano, Inc., San Antonio, TX, for appellees.

Sitting: KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by: PHYLIS J. SPEEDLIN, Justice.

San Antonio Extended Medical Care, Inc. d/b/a Med Mart ("Med Mart") challenges the trial court's order denying its motion to dismiss the underlying lawsuit for failure to file a medical expert report required by statute. Because we conclude the trial court erred in denying the motion to dismiss, we reverse the trial court's order and render judgment dismissing the lawsuit with prejudice.

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