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MOCK v. PRESBYTERIAN HOSP. OF PLANO

No. 05-11-00936-CV.

379 S.W.3d 391 (2012)

John Michael MOCK, Sr., Individually and as Representative of the Estate of Judith I. Mock, Joseph David Mock, John Michael Mock, Jr., and Jared William Mock, Appellants v. PRESBYTERIAN HOSPITAL OF PLANO, Texas, Narcisa A. Dusa, M.D., and Daniel J. Hopson, M.D., Appellees.

Court of Appeals of Texas, Dallas.

August 9, 2012.

Attorney(s) appearing for the Case

David Wayne Dumas , Andy McSwain , Fulbright Winniford, P.C., for Appellants.

Edward P. Quillin , Wesley David Raff , Quillin Law Firm, P.C., David McCue , Bruce A. Pauley , McCue-Pauley & Associates, P.C., Allan L. Campbell , Wendy Campbell & Associates, PC, McKinney, TX, for Appellees.

Before Justices FITZGERALD, MURPHY, and FILLMORE.

OPINION

Opinion By Justice FITZGERALD.

This is a medical-malpractice case. Appellants, who were plaintiffs in the trial court, appeal a take-nothing summary judgment rendered on the ground of limitations. The question presented is whether appellants were entitled to a 75-day tolling period under section 74.051(c) of the Texas Civil Practice and Remedies Code. We conclude that they were, and we therefore reverse the judgment of the trial court.

I...

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