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UNION CARBIDE CORP. v. SYNATZSKE

No. 12-0617.

438 S.W.3d 39 (2014)

UNION CARBIDE CORPORATION, Petitioner, v. Daisy E. SYNATZSKE and Grace Annette Webb, individually and as Representatives and Co-Executrixes of the Estate of Joseph Emmite, Sr., Joseph Emmite, Jr., Dorothy A. Day, Vera J. Gialmalva and James R. Emmite, Respondents.

Supreme Court of Texas.

Decided July 3, 2014.

Rehearing Denied August 22, 2014.

Attorney(s) appearing for the Case

James H. Powers , Powers & Frost, L.L.P., Karlene D. Poll , First District Court of Appeals, Sharla J. Frost , Wilson Elser Moskowitz Edelman & Dicker LLP, Benjamin Allen `Ben' Geslison , Stephen G. Tipps , Baker Botts LLP, Houston, TX, Thomas R. Phillips , Baker Botts LLP, Austin, TX, for Petitioner.

Jennifer Bruch Hogan , Richard P. Hogan Jr. , Hogan & Hogan, L.L.P., Robert Eugene Shuttlesworth , Attorney at Law, Marcus Dale Pinney , Michael Blase Patronella , Troy Damon Chandler , Williams Kherkher Hart Boundas, LLP, Samantha Flores, Houston, TX, for Respondents.

Justice JOHNSON delivered the opinion of the Court, in which Chief Justice HECHT, Justice GREEN, Justice WILLETT, and Justice BROWN joined.

This interlocutory appeal concerns an asbestos-related injury suit in which Union Carbide Corporation filed a motion to dismiss based on the plaintiffs' alleged failure to timely serve a statutorily compliant physician report. The Multi-District Litigation pretrial court denied the motion. On interlocutory appeal the court of...

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