Opinion
03-24-00300-CV
06-19-2024
Stacey Hartwig, Appellant v. Neurological Fitness and Recovery Facilities II, LLC d/b/a Neufit; Neurological Fitness Equipment and Education, LLC; Garrett Salpeter; and Tayler Thatcher, Appellees
FROM THE 345TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-23-002330, THE HONORABLE MARIA CANTÚ HEXSEL, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Smith and Theofanis
MEMORANDUM OPINION
Rosa Lopez Theofanis, Justice
Stacey Hartwig has filed a notice of appeal from the trial court's interlocutory order granting in part and denying in part the motion to dismiss of Neurological Fitness and Recovery Facilities II, LLC; Neurological Fitness Equipment and Education, LLC; Garrett Salpeter; and Taylor Thatcher. See Tex. Civ. Prac. & Rem. Code § 74.351 (addressing expert report requirement for health care liability claim). On May 28, 2024, this Court requested a response from Hartwig, asking her to explain how this Court may exercise jurisdiction over this interlocutory appeal and informing her that this appeal may be dismissed for want of jurisdiction unless she timely responded and demonstrated jurisdiction. Hartwig has filed a response, but she has failed to demonstrate that this Court may exercise jurisdiction over this interlocutory appeal.
This Court's jurisdiction generally is limited to appeals in which there exists a final or appealable judgment or order that has been signed by a judge. See id. §§ 51.012 (authorizing appeal "from a final judgment of the district or county court"), .014 (authorizing appeal from certain interlocutory orders); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (explaining that appeal generally may only be taken from final judgment that disposes of all pending parties and claims). In her response, Hartwig states that the notice of appeal "was filed out of an abundance of caution" and confirms that a final judgment has not been entered by the trial court and that the defendants' motion for attorney's fees remains pending before the trial court. See Tex. Civ. Prac. & Rem. Code § 74.351(b) (requiring award of reasonable attorney's fees when expert report was not timely); cf. id. § 51.014(9), (10). Thus, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
Dismissed for Want of Jurisdiction