Creston Lawrence Leong and American Medical Response Ambulance Service, Inc. v. Jose Velasquez

• Court: Court of Appeals of Texas
• Decided: November 7, 2023
• Docket: 14-23-00631-CV
• Status: Published

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed November 7, 2023

In The

Fourteenth Court of Appeals

NO. 14-23-00631-CV

CRESTON LAWRENCE LEONG AND AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC., Appellants

V.

JOSE VELASQUEZ, Appellee

On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2021-55795

MEMORANDUM OPINION

This is an interlocutory appeal from an order denying appellant’s motion to dismiss for failure to timely file an expert report signed August 22, 2023. See Tex. Civ. Prac. Rem. Code Ann. § 51.014(a)(d). On October 17, 2023, appellants filed a “Motion to Dismiss Appeal and Remand Under T.R.A.P. 42.1(a)(1).” See Tex. R. App. P. 42.1(a)(1). Rule 42.1(a)(1) does not provide for a remand; however, because this is an interlocutory appeal, upon this court’s judgment of dismissal, the underlying case may proceed to trial. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (b) (imposing stay of commencement of trial pending resolution of appeal in certain interlocutory appeals). The portion of the motion requesting a dismissal of this appeal is granted. The portion of the motion requesting a remand is dismissed as moot.

We dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Spain, and Wilson.