Nelson v. Graybill

Full title: ARETA NELSON APPELLANT v. DAVID B. GRAYBILL, D.O. APPELLEE

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

Date published: Aug 12, 2010

No. 02-10-190-CV (Tex. App. Aug. 12, 2010)

Opinion

No. 02-10-190-CV

Delivered: August 12, 2010.

Appealed from the 348th District Court of Tarrant County.

PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

MEMORANDUM OPINION ¹

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

PER CURIAM.

In this medical malpractice case, Appellant Areta Nelson attempts to appeal from the trial court's March 11, 2010 order granting Appellee David Graybill, D.O.'s motion to dismiss her claims Against him.² Because such an appeal is accelerated, ³ Appellant's notice of appeal was due March 31, 2010, ⁴ but she did not file it until June 9, 2010, which was untimely.⁵

2 See Tex. Civ. Prac. Rem. Code Ann. § 51.014(a)(10) (Vernon 2008).

3 See Tex. R. App. P. 28.1(a).

4 See Tex. R. App. P. 26.1(b), 28.1(b).

5 See Tex. R. App. P. 26.1(b).

On June 21, 2010, we notified Appellant that her appeal was subject to dismissal for want of jurisdiction unless, by July 1, 2010, she filed a response showing grounds for continuing the appeal.⁶ No response has been filed. Accordingly, we dismiss this appeal for want of jurisdiction.⁷

6 See Tex. R. App. P. 42.3(a).

7 See Tex. R. App. P. 42.3(a), 43.2(f).