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KEY v. MUSE

No. 05-11-00071-CV.

352 S.W.3d 857 (2011)

James David KEY, M.D., Appellant, v. Gwen MUSE, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 28, 2011.

Attorney(s) appearing for the Case

Jennifer D. Leblanc , Bryan Rutherford , MacDonald Devin, P.C., Dallas, for Appellant.

Barrett W. Stetson , Thomas P. Moynihan , Matt McKool , Law Firm of Barrett W. Stetson, Dallas, for Appellee.

Before Justices BRIDGES, MARTIN RICHTER, and MURPHY.

OPINION

Opinion By Justice MURPHY.

This accelerated interlocutory appeal presents the question of first impression in this Court of whether a defendant who has not been served with citation or appeared in a health care liability lawsuit is a "party" for purposes of the expert-report requirements of subsection 74.351(a). See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(a) (West 2011). James David Key, M.D. challenges the trial court's denial...

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