Hall v. Dall. Cnty. Hosp. Dist.

Full title: ROSEMARY HALL, BSN, RN, Appellant, v. DALLAS COUNTY HOSPITAL DISTRICT…

Court: COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Sep 2, 2016

NUMBER 13-16-00378-CV (Tex. App. Sep. 2, 2016)

Opinion

NUMBER 13-16-00378-CV

09-02-2016

ROSEMARY HALL, BSN, RN, Appellant, v. DALLAS COUNTY HOSPITAL DISTRICT, D/B/A PARKLAND HEALTH AND HOSPITAL SYSTEMS, Appellee.

Per Curiam

On appeal from the 126th District Court of Travis County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Longoria
Memorandum OpinionPer Curiam

Appellant, Rosemary Hall, BSN, RN, attempted to perfect an appeal from an order granting a motion to transfer venue to Dallas County, Texas, entered by the 126^th District Court of Travis County, Texas, in cause number D-1-GN-15-005652.¹ Upon review of the documents before the Court, it appeared that the order from which this appeal was taken was not a final appealable order. The Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of jurisdiction. Appellant filed documents in response.

1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.). --------

Texas appellate courts have jurisdiction only over final orders or judgments unless a statute permits an interlocutory appeal. Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007). An appeal from a trial court's venue determination may not be reviewed by interlocutory appeal. TEX. CIV. PRAC. & REM. CODE ANN. §15.064(a) (West, Westlaw through 2015 R.S.); Electronic Data Sys. Corp. v. Pioneer Elecs. (USA) Inc., 68 S.W.3d 254, 257 (Tex. App.—Fort Worth 2002, no pet.). Based on the record before us, it appears that the trial court has not yet rendered a final judgment in trial court cause number D-1-GN-15-005652.

Appellant seeks to appeal from the trial court's interlocutory order transferring venue from Travis County to Dallas County. Accordingly, the appeal is DISMISSED FOR WANT OF JURISDICTION. See id. 42.3(a). All pending motions are likewise DISMISSED.

PER CURIAM Delivered and filed the 2nd day of September, 2016.