Summary
reviewing a defendant physician's "motion to dismiss"
Summary of this case from Garza v. SaenzOpinion
No. 07-0368.
April 11, 2008.
Appeal from the 66th District Court, Hill County, F.B. McGregor, Jr., J.
Ty Alan Bailey, Michael Alan Yanof, Stinnett Thiebaud Remington L.L.P., Dallas, TX, for Petitioner.
James Craig Orr Jr., Eric D. Pearson, Heygood, Orr, Reyes, Pearson Bartolomei, Jason Thomas Mackey, Dallas, TX, for Respondents.
David Dumas, Fulbright Winniford, P.C., Waco, Edward P. Quillin, Quillin Law Firm, Dallas, TX, for Person Interested.
The surviving wife and adult children of Glendon Runnels filed this suit claiming Hill Regional Hospital was negligent in failing to diagnose and treat a pulmonary embolism. As required by statute, within 120 days of filing Runnels served curriculum vita and expert reports signed by Dr. Jeffrey Kopita and registered nurse Debora Simmons. Hill Regional Hospital moved for dismissal and attorney's fees on the ground that the expert reports were inadequate, but the trial court denied the motion.
Although Runnels sued other parties, only Hill Regional Hospital is a party to this appeal.
Id. 74.351(b).
Hill Regional Hospital filed a timely interlocutory appeal with the Tenth Court of Appeals, which dismissed for want of jurisdiction. For the reasons stated today in Lewis v. Funderburk, we hold that Hill Regional Hospital's motion seeking dismissal and fees was a motion pursuant to section 74.351(b), and thus reviewable by interlocutory appeal when the trial court denied it. The court of appeals erred by concluding otherwise.
2007 WL 765291.
253 S.W.3d 204 (Tex. 2008).
Accordingly, we grant the petition for review, and without hearing oral argument, TEX. R. APP. P. 59.1, we reverse the court of appeals' judgment and remand the case to that court to consider the remaining arguments raised by the interlocutory appeal.