FELAN v. RAMOS

No. 13-92-007-CV.

857 S.W.2d 113 (1993)

Heberto Sanchez FELAN, Individually and as Representative of the Estate of Elisa Flores De Sanchez, Rosa Maria Sanchez Flores, Luz Del Carmen Sanchez Flores, Heberto Sanchez Flores, Armando Sanchez Flores, Maria Elisa Sanchez Flores, and Estela Del Rosario Sanchez Flores, Appellants, v. Gustavo RAMOS, M.D. and HCA Health Services of Texas, Inc., Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled July 29, 1993.


Attorney(s) appearing for the Case

Steven A. Owsley, Owsley & Associates, Joseph A. McDermott, III, Soape Brown McDermott, Houston, for appellants.

Ken Patterson, Patterson & Wagner, Harold J. Lotz, Jr., W. Wendell Hall, Martha J. Hess, Fulbright & Jaworski, San Antonio, Kevin J. Keith, Fowler, Wiles, Norton & Keith, Dallas, for appellees.

Before SEERDEN, KENNEDY, and FEDERICO G. HINOJOSA, Jr., JJ.


OPINION

SEERDEN, Justice.

This is a medical malpractice case in which the trial court granted summary judgment based on limitations. Appellants, by one point of error, maintain that the trial court's application of the two-year statute of limitations resulted in a violation of the Texas Constitution's open courts provision. Additionally, they assert that the survival and wrongful death actions are viable. We reverse and remand for further proceedings...

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