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HOWE v. ANDERECK

No. 2002-CA-01272-COA.

882 So.2d 240 (2004)

Clifford Kelly HOWE, Individually, Julie Newsome Howe, Individually, and Clifford Kelly Howe and Julie Newsome Howe on Behalf of Their Minor Child, Heather Autumn Howe, Appellants, v. Dr. Maribeth ANDERECK, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied June 22, 2004.

Certiorari Denied September 16, 2004.

Attorney(s) appearing for the Case

J.B. Van Slyke, Hattiesburg, attorney for appellants.

Stephen J. Carmody, Jackson, attorney for appellee.

Before McMILLIN, C.J., IRVING and MYERS, JJ.

McMILLIN, C.J., for the Court.

¶ 1. On June 25, 2002, the Circuit Court of Forrest County granted Dr. Maribeth Andereck's Rule 12(b)(6) motion to dismiss the complaint filed by Clifford Kelly Howe and Julie Newsome Howe. The Howes bring this appeal claiming that the circuit court was in error for dismissing their complaint based on their failure to present facts sufficient to overcome the immunity provided by Miss.Code Ann. § 43-21-355 (Rev.2000) for reporting...

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