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SMITH v. WILSON

No. 03-10-00387-CV.

368 S.W.3d 574 (2012)

Ted SMITH, D.O.; and Austin Regional Clinic, P.A., Appellants, v. Janet Lynn WILSON, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 7, 2012.

Attorney(s) appearing for the Case

Diana L. Faust , R. Brent Cooper , Richard C. Harrist , Cooper & Scully, PC, Dallas, TX, for Appellant.

Dan Ballard , Stacey J. Simmons , Ballard & Simmons, LLP, Austin, TX.

Jay Harvey , Winckler & Harvey, LLP, Austin, TX, for Appellee.

Before Chief Justice JONES, Justices PURYEAR and PEMBERTON.

OPINION

DAVID PURYEAR, Justice.

Appellants Ted Smith, D.O., and Austin Regional Clinic ("ARC") appeal from the denial of their motion to dismiss appellee Janet Lynn Wilson's suit for medical malpractice. We reverse the trial court's order and remand for dismissal and determination of attorney's fees.

Factual and Procedural Background

On August 6, 2007, Wilson's son, Keith Michael Harris, went to see Dr. Smith, complaining of depression...

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