Opinion
No. 10-06-00086-CV
Opinion Delivered and Filed March 28, 2007.
Appeal from the 74th District Court McLennan County, Texas, Trial Court No. 2003-2962-3.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
In a medical malpractice case, RehabCare Group Inc. (Rehab) made this interlocutory appeal from the trial court's denial of its objection to experts and motion to dismiss. We will dismiss the appeal for want of jurisdiction.
This Court has no jurisdiction over an interlocutory appeal except as expressly provided by statute. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998). Rehab asserts that jurisdiction is conferred by sec. 51.014(a)(9) of the Civil Practice and Remedies Code which allows interlocutory appeals regarding the sufficiency of medical expert reports in cases governed by Chapter 74 of the Civil Practice and Remedies Code. Jeanette Heroman sued Providence Health Center and Hillcrest Baptist Medical Center before revisions to Chapter 74 became effective, but Rehab was not brought in as a responsible third party and defendant until after the effective date.
Rehab argues that because it was joined after the effective date of Chapter 74, that chapter governs Heroman's claims against it. The legislature specifically addressed this issue stating: "An action filed before the effective date of this Act, including an action filed before that date in which a party is joined or designated after that date, is governed by the law in effect immediately before the change in law made by this Act . . ." Act of June 2, 2003, 78th Leg., R.S., ch. 204, § 23.02(d), 2003 Tex. Gen. Laws 864, 899 (emphasis added). Therefore, Heroman's claims against Rehab are governed by the former art. 4590(i). See Yancy v. United Surgical Partners Int'l, Inc., 170 S.W.3d 185, 189 n. 1 (Tex.App.-Dallas 2005, pet. granted).
The former art. 4590(i) does not allow for such an interlocutory appeal. Because no statute expressly allows an appeal in this matter, this appeal is dismissed for want of jurisdiction.