From Casetext: Smarter Legal Research

Carreon v. Kelly

Court of Appeals of Texas, Fourth District, San Antonio
May 31, 2022
No. 04-21-00538-CV (Tex. App. May. 31, 2022)

Opinion

04-21-00538-CV

05-31-2022

Henry CARREON, Appellant v. Joseph KELLY, MD, Hussein Waqar, MD, Metropolitan Healthcare System of San Antonio, Limited LLP d/b/a Metropolitan Methodist Hospital, Appellees


From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-17867 Honorable Rosie Alvarado, Judge Presiding

Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

ORDER

Irene Rios, Justice

On April 21, 2022, appellees filed "Appellees' Joint Motion to Strike or Disregard Appendix to Brief of Appellant and Appellant's Supplement to the Amended Brief." Appellant filed a response opposing the motion on May 4, 2022, and appellees filed a reply on May 11, 2022.

In their motion, appellees argue several documents should be struck from the appellant's appendix because the documents are not part of the appellate record and cannot be considered by this court. "This court must decide cases based on the appellate record as filed, and may not consider documents attached as appendices to briefs." Carter v. Ball, No. 04-19-00194-CV, 2019 WL 5030277, at *2 n.4 (Tex. App.-San Antonio Oct. 9, 2019, no pet.) (mem. op.). However, we decline to strike documents from appellant's appendix. The motion is DENIED


Summaries of

Carreon v. Kelly

Court of Appeals of Texas, Fourth District, San Antonio
May 31, 2022
No. 04-21-00538-CV (Tex. App. May. 31, 2022)
Case details for

Carreon v. Kelly

Case Details

Full title:Henry CARREON, Appellant v. Joseph KELLY, MD, Hussein Waqar, MD…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: May 31, 2022

Citations

No. 04-21-00538-CV (Tex. App. May. 31, 2022)