Opinion
NO. 03-16-00212-CV
04-29-2016
Post Acute Medical, LLC; and Post Acute Medical of New Braunfels, LLC d/b/a Warm Springs Specialty Hospital of New Braunfels, LLC, Appellants v. Richard Montgomery, Individually and on Behalf of the Estate of Constance Montgomery, Deceased, Appellees
FROM THE DISTRICT COURT OF COMAL COUNTY, 433RD JUDICIAL DISTRICT
NO. C2015-0395D, HONORABLE DIB WALDRIP, JUDGE PRESIDINGORDER
PER CURIAM
Appellants Post Acute Medical, LLC and Post Acute Medical of New Braunfels, LLC d/b/a Warm Springs Specialty Hospital of New Braunfels, LLC and appellees Richard Montgomery, Individually and on Behalf of the Estate of Constance Montgomery, Deceased, filed a joint motion to abate this appeal of the district court's order denying appellants' second motion to dismiss. See Tex. Civ. Prac. & Rem. Code §§ 51.014(a)(9) (providing for interlocutory appeal of order denying relief sought by motion to dismiss under section 74.351(b)), 74.351(b) (addressing motion to dismiss health care liability claim). The parties seek abatement of this appeal pending issuance of our opinion in Cause No. 03-15-00807-CV, a related appeal of the district court's order denying appellants' first motion to dismiss.
The parties state that the first motion to dismiss was based on an initial expert report and the second motion was based on a supplemental report served while this appeal was pending. --------
For the sake of efficiency, we consolidate these causes (Nos. 03-15-00807-CV and 03-16-00212-CV) on our own motion for consideration of the appellate issues and allow the parties to file supplemental briefing in Cause No. 03-16-00212-CV. See, e.g., Tex. Civ. Prac. & Rem. Code § 74.351(i) (allowing expert reports to be considered together in determining whether adequate expert report has been served); Methodist Hosp. v. Shepherd-Sherman, 296 S.W.3d 193, 196 (Tex. App.—Houston [14th Dist.] 2009, no pet.) (considering expert's initial and supplemental reports together in assessing plaintiff's compliance with chapter 74); Kelly v. Rendon, 255 S.W.3d 665, 671 (Tex. App.—Houston [14th Dist.] 2008, no pet.) (consolidating appeals of orders denying motions to dismiss stemming from same health care liability claim). Appellants' supplemental brief is due June 1, 2016, and appellees' supplemental brief is due July 1, 2016. The parties' joint motion to abate and the appellants' unopposed motion for extension of time to file their brief are dismissed as moot.
It is ordered April 29, 2016. Before Chief Justice Rose, Justices Pemberton and Bourland