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Try CasePortal for FreeJ. Benavides finds in this interlocutory appeal that the lower court improperly denied the appellants' dismissal motion in this health care liability action alleging that a patient was not properly placed on a gurney. The appellee failed to properly file the expert report as required, specifically as to the "mandatory deadline." Also, the appellants' did not waive their right to dismissal by participating in discovery or waiting to file the dismissal motion. Reversed.
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