Brenda Williams v. Walgreen Co. and Warren W. Gude, M.D.

• Court: Court of Appeals of Texas
• Decided: January 15, 2010
• Docket: 03-09-00068-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-09-00068-CV

Brenda Williams, Appellant

v.

St. David's Healthcare Partnership, L.P., LLP d/b/a St. David's Medical Center;

St. David's Medical Center; Warren W. Gude, M.D.; Seton Healthcare Network,

a Texas Non-Profit Corporation d/b/a Brackenridge Hospital; Daughters of Charity

Health Services of Austin d/b/a Brackenridge Hospital; Brackenridge Hospital;

Gina T. De Santo, M.D.; and Walgreens Co., Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT

NO. D-1-GN-02-003368, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING

O R D E R

PER CURIAM

Appellees St. David's Healthcare Partnership, L.P., LLP d/b/a St. David's Medical Center; St. David's Medical Center; Seton Healthcare Network, a Texas Non-Profit Corporation d/b/a Brackenridge Hospital; Daughters of Charity Health Services of Austin d/b/a Brackenridge Hospital; Brackenridge Hospital; and Gina T. De Santo, M.D., have filed motions to dismiss themselves as appellees in the instant appeal or, in the alternative, for extensions of time to file appellees' briefs. Our review of the record in ths case shows that appellant Brenda Williams filed a notice of nonsuit in the underlying cause as to the following parties on February 10, 2003:

• Seton Healthcare Network, a Texas Non-Profit Corporation d/b/a Brackenridge Hospital;
• Daughters of Charity Health Services of Austin d/b/a Brackenridge Hospital;
• Brackenridge Hospital; and
• Gina De Santo, M.D.

The record also shows that appellant filed a nonsuit as to Columbia/St. David's Healthcare Systems, L.P., d/b/a St. David's Medical Center ⁽¹⁾ on January 21, 2004. The trial court signed an order dismissing appellant's claims against Columbia/St. David's Healthcare Systems, L.P., d/b/a St. David's Medical Center without prejudice on January 27, 2004.

Pursuant to Rule 162 of the Texas Rules of Civil Procedure, appellant's notices of nonsuit were effective immediately upon filing in the district court. See Tex. R. Civ. P. 162; University of Tex. Med. Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006) (plaintiff's nonsuit extinguishes case or controversy from moment of filing; trial court lacks discretion to dismiss suit and order doing so is ministerial); see also In re Bennett, 960 S.W.2d 35, 38 (Tex. 1997); Shadowbrook Apts. v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex. 1990). Because any controversy between appellant and appellees Seton Healthcare Network, a Texas Non-Profit Corporation d/b/a Brackenridge Hospital; Daughters of Charity Health Services of Austin d/b/a Brackenridge Hospital; Brackenridge Hospital; Gina De Santo, M.D.; St. David's Healthcare Partnership, L.P., LLP d/b/a St. David's Medical Center; and St. David's Medical Center ended at the moment appellant's nonsuits were filed in the underlying litigation, there is no live controversy between appellant and these appellees. See Blackmon, 195 S.W.3d at 100. In the absence of a live controversy between appellant and these appellees, this Court may dismiss appellant's appeal as moot as against these appellees. See National Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) ("A case becomes moot if at any stage there ceases to be an actual controversy between the parties."). Accordingly, we grant appellees' motions to dismiss, ⁽²⁾ and we dismiss the following parties as appellees in this appeal:

• St. David's Healthcare Partnership, L.P., LLP d/b/a St. David's Medical Center;
• St. David's Medical Center;
• Seton Healthcare Network, a Texas Non-Profit Corporation d/b/a Brackenridge Hospital;
• Daughters of Charity Health Services of Austin d/b/a Brackenridge Hospital;
• Brackenridge Hospital; and
• Gina De Santo, M.D.

In addition, we direct the clerk of this Court to re-style the caption of the instant appeal as follows:

Brenda Williams, Appellant

v.

Walgreens Co. and Warren W. Gude, M.D., Appellees

It is so ordered January 15, 2010.

Before Justices Patterson, Puryear and Henson

Filed: January 15, 2010

1. Columbia/St. David's Healthcare Systems, L.P., d/b/a St. David's Medical Center is the former name of St. David's Healthcare Partnership, L.P., LLP d/b/a St. David's Medical Center.

2. Appellees' alternative motions for extension of time, and appellees' second motions for extension of time are dismissed as moot.