FORT WORTH SOUTHWEST NSG CTR v. BLY

Full title: FORT WORTH SOUTHWEST NURSING CENTER, L.L.C. D/B/A SOUTHWEST NURSING AND…

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Feb 19, 2004

No. 02-03-314-CV (Tex. App. Feb. 19, 2004)

Opinion

No. 02-03-314-CV.

Delivered: February 19, 2004.

Appeal from the 348^th District Court of Tarrant County.

Gail N. Friend of Houston, TX, for Appellant(s).

H. Dustin Fillmore, III, Charles W. Fillmore and K. Marvin Adams; The Fillmore Law Firm, L.L.P., of Fort Worth, TX, for Appellee(s).

Panel B: DAUPHINOT, GARDNER, and WALKER, JJ.

MEMORANDUM OPINION ¹

1 See Tex.R.App.P. 47.4.

LEE ANN DAUPHINOT, Justice.

Appellant Fort Worth Southwest Nursing and Rehabilitation Center appeals from the trial court's interlocutory order denying its motion to dismiss based on Appellee Phyllis Bly's alleged failure to meet the statutory requirements of section 13.01 of former article 4590i of the Texas Revised Civil Statutes.² Appellee filed a motion to dismiss the interlocutory appeal because the order appealed from is not an appealable interlocutory order. Appellee filed the lawsuit in September 2002; Appellant filed the notice of appeal in October 2003. The order is not an appealable interlocutory order under section 51.014 of the civil practice and remedies code in effect when the cause of action was filed³ or under section 51.014 as amended at the time the notice of appeal was filed.⁴ Accordingly, we grant Appellee's motion and dismiss the appeal for want of jurisdiction.⁵

2 Act effective Sept. 1, 1993, 73^rd Leg., R.S., ch. 625, § 3, 1993 Tex. Gen. Laws 2347, 2347-49, repealed by Act effective Sept. 1, 2003, 78^th Leg., R.S., ch. 204, § 10.09, 2003 Tex. Gen. Laws 847, 884 (current version at Tex. Civ. Prac. Rem. Code Ann. § 74.351 (Vernon Supp. 2004)).

3 See Act effective June 20, 1997, 75^th Leg., R.S., ch. 1296, § 1, 1997 Tex. Gen. Laws 4936, 4936-37, amended by Act effective Sept. 1, 2001, 77^th Leg., R.S., ch. 1389, § 1, 2001 Tex. Gen. Laws 3575, 3575, amended by Act effective Sept. 1, 2003, 78^th Leg., R.S., ch. 204, § 1.03, 2003 Tex. Gen. Laws 847, 849.

4 Tex. Civ. Prac. Rem. Code Ann. 51.014(a)(9), (10) (allowing interlocutory appeals in this context for orders granting motions to dismiss based on substantive defects of expert reports and for orders denying motions to dismiss based on untimeliness of expert reports, neither of which we have here); see also Act effective Sept. 1, 2003, 78^th Leg., R.S., ch. 204, § 1.05, 2003 Tex. Gen. Laws 847, 850 (providing that the changes to section 51.014(b) and (c) apply to any case in which an interlocutory appeal under section 51.014(a) is allowed and the notice of appeal is filed on or after September 1, 2003).

5 See Tex.R.App.P. 42.3(a), 43.2(f); Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998).