Opinion
14-23-00314-CV
09-14-2023
LOYD LANDON SORROW SENIOR, Appellant v. UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON AND MICHAEL SEALE, M.D., Appellees
On Appeal from the 334th District Court Harris County, Texas Trial Court Cause No. 2017-33383
Panel Consists of Chief Justice Christopher and Justices Jewell and Spain. (Jewell, J., concurs in the disposition only).
ORDER
PER CURIAM.
Before the court is a motion to dismiss this appeal filed by appellees University of Texas Health Science Center at Houston (the "Center") and Michael Seale, M.D. ("Seale"). See Tex.R.App.P. 35.1. Appellees contend that appellant did not timely file a notice of appeal.
In the trial court proceeding, Sorrow sued the Harris County Sheriff, the Center, Seale, and Harris County, alleging claims stemming from his medical treatment while in the Sheriff's custody. The trial court granted the Sheriff's motion for summary judgment and dismissed Sorrow's lawsuit. See Sorrow v. Harris County Sheriff, 622 S.W.3d 496 (Tex. App.-Houston [14th Dist.] 2021, pet. denied). Sorrow appealed. This court affirmed the trial court's dismissal of Sorrow's claims against the Sheriff, but we reversed the trial court's dismissal of the claims against the Center, Seale, and the County. Id. at 510. We remanded the case for further proceedings. Id.
On remand, the Center and Seale filed a motion for summary judgment on all of appellant's claims against them. On May 16, 2022, the trial court signed an order granting the Center and Seale's motion for summary judgment, dismissing all claims against the Center and Seale with prejudice, and awarding those parties costs of court. On May 24, 2022, the Center and Seale filed a motion to sever all claims and causes of action against them into a separate action. While the motion was pending, on June 6, 2022, Sorrow filed a handwritten document entitled "Motion for New Trial Incorporated Objections and Notice of Appeal." This document acknowledged the trial court's grant of summary judgment and asserted that appellant "respectfully gives notice of appeal." On June 16, 2022, the trial court signed an order granting the May 24, 2022 motion to sever Sorrow's claims against the Center and Seale into cause number 2017-33383A. Sorrow's June 6, 2022 motion for a new trial was overruled by operation of law. On April 19, 2023, Sorrow filed a second notice of appeal.
Appellees' motion contends Sorrow failed to timely perfect his appeal through his April 19, 2023 notice of appeal, overlooking the June 6, 2022 notice of appeal. Although Sorrow's June 6, 2022 notice of appeal did not technically comply with all requirements of a notice of appeal, it constituted a bona fide attempt to invoke this court's appellate jurisdiction over the trial court's judgment. See In re J.M., 396 S.W.3d 528, 530 (Tex. 2013) (per curiam) (holding appeal was timely noticed through document styled "Motion for New Trial or, in the Alternative, Notice of Appeal"). Because Sorrow prematurely filed his notice of appeal before the trial court signed what became the June 16, 2022 final judgment in cause number 2017-33383A, the appeal is timely and we have jurisdiction. See Tex. R. App. P. 27.1.
We deny appellees' motion to dismiss the appeal for want of jurisdiction.