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DE FOREST v. DEAR

No. A14-82-439CV.

659 S.W.2d 90 (1983)

Gordon DE FOREST, Appellant, v. Wayne DEAR, M.D., et al., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied September 8, 1983.

Attorney(s) appearing for the Case

John W. Donovan, Gano & Donovan, Houston, for appellant.

Kevin Dubose, Ryan & Marshall, Jay Hirsch, Randall Ferguson, Hicks, Hirsch, Clover & Robinson, Houston, for appellees.

Before J. CURTISS BROWN, C.J., and DRAUGHN and ELLIS, JJ.

OPINION

DRAUGHN, Justice.

This is an appeal by Gordon De Forest, appellant, from a directed verdict against him in a medical malpractice case. The central issue on appeal is whether the deposition of an absent defendant may be excluded from evidence simply because it has not been on file for one day prior to trial. We hold that it cannot. Accordingly, the judgment is reversed and the cause remanded.

Appellant...

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