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MUELLER v. SARAVIA

No. D-2031.

826 S.W.2d 608 (1992)

Jolene Craig MUELLER, Individually and as Next Friend of Her Minor Daughters, Nancy Herrera and Rachel Leann Mueller, and on Behalf of Her Deceased Minor Daughter, Savannah Craig Mueller, Petitioners, v. Jorge A. SARAVIA, M.D. and as a Professional Corporation, Respondent.

Supreme Court of Texas.

March 25, 1992.

Attorney(s) appearing for the Case

David W. Rogers, San Antonio, for petitioners.

John W. Weber, Jr., Marilyn Eades, San Antonio, Kevin J. Keith, Dallas, for respondent.

PER CURIAM.

We consider whether a motion for new trial, filed under the original cause number rather than the severed cause number, is sufficient to perfect appeal and avoid dismissal.

Jolene Mueller brought a medical malpractice action against Dr. Jorge A. Saravia and Revco Discount Drug Centers. Her action was filed under cause number 90-CI-11255. On February 11, 1991, the trial court rendered a take-nothing summary...

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