Areta Nelson v. David B. Graybill, D.O.

Opinion

                                                COURT OF APPEALS

                                                 SECOND DISTRICT OF TEXAS

                                                                FORT WORTH

                                                 NO. 2-10-190-CV

ARETA NELSON                                                                                APPELLANT

                                                             V.

DAVID B. GRAYBILL, D.O.                                                                   APPELLEE

                                                       ------------

              FROM THE 348TH DISTRICT COURT OF TARRANT COUNTY

                                     MEMORANDUM OPINION^[1]

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]

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]

PER CURIAM

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED:  August 12, 2010

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^[1]See Tex. R. App. P. 47.4.

^[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).

^[6]See Tex. R. App. P. 42.3(a).

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