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BREITEN v. SHATERY

No. 08-11-00055-CV.

365 S.W.3d 829 (2012)

Cindy BREITEN, Appellant, v. Morteza SHATERY, M.D., Appellee.

Court of Appeals of Texas, El Paso.

April 11, 2012.

Attorney(s) appearing for the Case

Steve Hershberger , Midland TX, for Appellant.

Larry W. Hicks , Hicks & Llamas, P.C., El Paso TX, for Appellee.

Before McCLURE, C.J., RIVERA, J., and ANTCLIFF, J.

OPINION

GUADALUPE RIVERA, Justice.

Appellant, Cindy Breiten (Breiten), appeals the trial court's dismissal of her medical malpractice claim against Morteza Shatery, M.D. (Dr. Shatery). At issue is the timeliness of the service of Breiten's expert report upon Dr. Shatery under Section 74.351 of the Texas Civil Practice and Remedies Code. TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(a) (West 2011). We affirm.

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