Opinion
No. 06-05-00050-CV
Submitted: March 29, 2005.
Decided: March 30, 2005.
On Appeal from the 5th Judicial District Court, Bowie County, Texas, Trial Court No. 01C1015B-005.
MEMORANDUM OPINION
James Michael O'Donald, on behalf of the Estate of Ross Eugene O'Donald, Deceased, and all wrongful death beneficiaries, has appealed from a judgment purportedly rendered in favor of Texarkana Memorial Hospital, d/b/a Wadley Regional Medical Center (Hospital), T. Michael Hillis, M.D., Malcolm A. Smith, M.D., and Collom Carney Clinic Association in trial court cause number 01C1015-005. Three of the appellees, Hillis, Smith, and Collom Carney Clinic, have filed a motion seeking to dismiss the appeal against them for want of jurisdiction.
In the underlying lawsuit, on January 5, 2004, the trial court granted Hillis, Smith, and Collom Carney Clinic's motion for summary judgment. The court also severed the claims against those defendants and assigned the severed litigation a new cause number, 01C1015B-005.
An appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). This includes concluded matters that are severed, because those matters are then final. See Baker v. Monsanto Co., 111 S.W.3d 158 (Tex. 2003).
The notice of appeal filed October 29, 2004, timely perfected appeal from the judgment in the original case, signed October 1, 2004. However, in that case, only the Hospital remained as a defendant. O'Donald did not timely perfect his appeal in the summary judgment rendered in favor of Hillis, Smith, and Collom Carney Clinic, which became final on severance.
The motion is granted. We order the appeal against Hillis, Smith, and Collom Carney Clinic severed from that of the Hospital, and we assign it to cause number 06-05-00050-CV. The appeal against the Hospital will retain the original cause number, 06-04-00121-CV.
We dismiss the appeal in cause number 06-05-00050-CV.