BV Continuing Care Center Ltd. Co v. Phyllis Hebert

• Court: Court of Appeals of Texas
• Decided: January 12, 2023
• Docket: 09-22-00210-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00210-CV __________________

BV CONTINUING CARE CENTER LTD. CO., Appellant

V.

PHYLLIS HEBERT, Appellee

__________________________________________________________________

On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-208,415 __________________________________________________________________

MEMORANDUM OPINION

In a health case liability suit, BV Continuing Care Center Ltd. Co. (BV

Continuing Care) objected to the expert report filed on behalf of the plaintiff, Phyllis

Hebert. The trial court overruled the objections and signed an order denying a motion

to dismiss on June 15, 2022. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(9).

BV Continuing Care (Appellant) filed a notice of appeal, but it failed to file a brief.

On October 12, 2022, we notified the parties that the Appellant’s brief had not been

filed and that the appeal would be submitted without briefs unless we received

1 Appellant’s brief and a motion for extension within ten days, and we warned

Appellant that the appeal could be dismissed for want of prosecution if the appeal

was submitted without briefs. On December 1, 2022, we notified the parties that the

appeal would be submitted to the Court on December 22, 2022, without briefs and

without oral argument. See Tex. R. App. P. 39.8.

In the absence of a brief assigning error for appellate review, we dismiss the

accelerated appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).

APPEAL DISMISSED.

PER CURIAM

Submitted on December 22, 2022 Opinion Delivered January 12, 2023

Before Golemon, C.J., Horton and Johnson, JJ.