Dallas County Hospital District D/B/A Parkland Health & Hospital System v. Della Mae Williams

Opinion

Dismiss and Opinion Filed December 30, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00760-CV

DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH & HOSPITAL SYSTEM, Appellant V.

DELLA MAE WILLIAMS, Appellee

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-18710

MEMORANDUM OPINION Before Justices Whitehill, Schenck, and Browning Opinion by Justice Schenck Appellant appeals from the trial court’s interlocutory order denying its

motion to dismiss appellee’s healthcare liability claims for failure to file an expert

report. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 51.014(a)(9), 74.351. Before

the Court is appellant’s status report informing the Court that appellee has filed a

notice of nonsuit of her claims and the trial court has signed an order of nonsuit.

Because appellee has nonsuited her claims, appellant seeks dismissal of this appeal

as moot. See Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010) (holding that after

non-suit in the trial court, “there was no live controversy for the court of appeals to

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decide”). We construe appellant’s status report as a motion to dismiss, grant the

motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

200760F.P05

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Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DALLAS COUNTY HOSPITAL On Appeal from the 134th Judicial DISTRICT D/B/A PARKLAND District Court, Dallas County, Texas HEALTH & HOSPITAL SYSTEM, Trial Court Cause No. DC-19-18710. Appellant Opinion delivered by Justice Schenck.

Justices Whitehill and Browning No. 05-20-00760-CV V. participating.

DELLA MAE WILLIAMS, Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that the parties bear their own costs of this appeal.

Judgment entered this 30th day of December, 2020.