Randall S. Zane, M.D. and Michael J. Burke, M.D. v. Kelley Brooke Surber, Individually, and on Behalf of the Estate of William Tate Surber, and as Next Frind of Loren Bailey Surber And, Nicholas Tate Surber, Minors

NUMBER 13-02-360-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

RANDALL S. ZANE, M.D.

AND MICHAEL J. BURKE, M.D., Appellants,

v.

KELLY BROOKE SURBER, INDIVIDUALLY, AND

ON BEHALF OF THE ESTATE OF WILLIAM

TATE SURBER, DECEASED, AND AS NEXT

FRIEND OF LOREN BAILEY SURBER AND,

NICHOLAS TATE SURBER, MINORS, Appellees.

On appeal from the 28th District Court

of Nueces County, Texas.

DISSENTING OPINION

Before Justices Hinojosa, Yañez and Castillo

Dissenting Opinion by Justice Castillo

With respect to Dr. Burke's first issue presented, I would hold that the evidence is legally insufficient…