Kenderrick Merritt v. the Methodist Hospital, the Methodist Hospital - Houston, the Methodist Hospital System, the Methodist Health Care System, Inc., Houston Methodist, Houston Methodist Hospital, Houston Methodist -- Texas Medical Center, Michael T. Mann, M.D., and Patricio De Hoyos Zambrano, M.D. ( 2019 )


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  • Motion Granted; Appeal Dismissed and Memorandum Opinion filed May 30,
    2019.
    In The
    Fourteenth Court of Appeals
    NO. 14-19-00340-CV
    KENDERRICK MERRITT, Appellant
    V.
    THE METHODIST HOSPITAL; THE METHODIST HOSPITAL –
    HOUSTON; THE METHODIST HOSPITAL SYSTEM; THE METHODIST
    HEALTH CARE SYSTEM, INC.; HOUSTON METHODIST; HOUSTON
    METHODIST HOSPITAL; HOUSTON METHODIST – TEXAS MEDICAL
    CENTER; MICHAEL T. MANN, M.D.; AND PATRICIO DE HOYOS
    ZAMBRANO, M.D., Appellees
    On Appeal from the 295th District Court
    Harris County, Texas
    Trial Court Cause No. 2017-42856
    MEMORANDUM OPINION
    This is an attempted interlocutory appeal from an order granting Michael T.
    Mann, M.D.’s motion to dismiss with prejudice for failure to serve an expert report
    pursuant to Texas Civil Practice and Remedies Code section 74.351(b)(2). The order
    was signed December 29, 2018. Appellant’s notice of appeal was filed April 12,
    2019.
    Section 51.014 (a)(9) of the Texas Civil Practice and Remedies Code permits
    an interlocutory appeal from an order that “denies all or part of the relief sought by
    a motion under Section 74.351(b). . . of the Civil Practice and Remedies Code. In an
    accelerated appeal, the notice of appeal must be filed within 20 days after the
    judgment or order is signed. Tex. R. App. P. 26.1(b). In an accelerated appeal the
    deadline for filing a notice of appeal is strictly set at twenty days after the judgment
    is signed, with no exceptions, and filing a Rule 26.1(a) motion for new trial, motion
    to modify the judgment, motion to reinstate, or request for findings of fact and
    conclusions of law will not extend that deadline. In re K.A.F., 
    160 S.W.3d 923
    , 927
    (Tex. 2005).
    Appellant’s notice of appeal was not filed timely and was not filed within the
    fifteen-day grace period allowed by Texas Rule of Appellate Procedure 26.3.
    On May 1, 2019, appellee Michael T. Mann filed a motion to dismiss this
    appeal for want of jurisdiction. Appellant filed no response. Appellee Michael T.
    Mann’s motion is granted, and the appeal is ordered dismissed for lack of
    jurisdiction.
    PER CURIAM
    Panel consists of Chief Justice Frost and Justices Spain and Poissant.
    2
    

Document Info

Docket Number: 14-19-00340-CV

Filed Date: 5/30/2019

Precedential Status: Precedential

Modified Date: 5/30/2019