Texas Court of Appeals, 8th District (El Paso) October 11, 2011, 08-11-00005-CV (Gajewski v. Jackson)

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OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Dr. David Gajewski, M.D. appeals the trial court’s order denying his motion for dismissal with prejudice on the basis that claimant, Mr. Billy Jackson, failed to file a medical expert report in accordance with Section 74.351 of the Texas Civil Practice and Remedies Code. Dr. Gajewski raises two issues on appeal. In Issue One, Dr.