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Although appellants cite to a different affidavit filed during another proceeding in the trial court, and claim that this other affidavit sets out the expert's experience in family practice, this second affidavit was not produced in response to summary judgment. This second affidavit was not even incorporated by reference into the appellants' response to the motion for summary judgment. The report itself fails to raise a fact issue sufficient to defeat summary judgment.
May 12, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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