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eBook details

• Title: Spiegel v. Strother
• Author : State of Wisconsin in Supreme Court
• Release Date : January 14, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Felix Spiegel, M.D., appeals from the trial courts interlocutory order denying his motion to dismiss the health care liability claims of Melissa Strother. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(9) (Vernon Supp. 2007). The order states an expert report and curriculum vitae were served on the defendant within 120 days of the filing of the petition. Spiegel argues the trial court erroneously denied his motion to dismiss because plaintiffs did not timely serve him or his attorney with a copy of the expert report as required by statute. See Tex Civ. Prac. & Rem. Code Ann. § 74.351(a) (Vernon Supp. 2007). Spiegel also asserts he is entitled to attorneys fees and costs. See id. § 74.351(b) (Vernon Supp. 2007). Because the service requirement of the statute was met, we affirm the trial courts order.

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