Elizabeth King, M.D., and Northeast OB/GYN Associates, P.L.L.C. v. Hope Kelley

• Court: Court of Appeals of Texas
• Decided: December 3, 2015
• Docket: 04-15-00747-CV
• Status: Published

Opinion

ACCEPTED FILED 04-15-00747-CV 11/23/2015 4:56:31 PM FOURTH COURT OF APPEALS Donna Kay McKinney SAN ANTONIO, TEXAS Bexar County District Clerk 12/3/2015 1:09:46 PM Accepted By: Brenda Carrillo KEITH HOTTLE CLERK

CAUSE NO. 2014-CI-17290

HOPE KELLEY § IN THE DISTRICT COURT OF FILED IN Plaintiff, § 4th COURT OF APPEALS § SAN ANTONIO, TEXAS v. § BEXAR 12/3/2015 COUNTY, TEXAS1:09:46 PM § KEITH E. HOTTLE ELIZABETH KING, M.D., and § Clerk NORTHEAST OB/GYN § ASSOCIATES, P.L.L.C. § Defendants. § 224TH JUDICIAL DISTRICT

DEFENDANTS’ NOTICE OF ACCELERATED APPEAL

TO THE HONORABEL JUDGE OF SAID COURT:

COME NOW, ELIZABETH KING, M.D., and NORTHEAST OB/GYN ASSOCIATES,

P.L.L.C., Defendants, and file this Notice of Accelerated Appeal, and in support thereof, would

respectfully show the Court the following:

1. Defendants, ELIZABETH KING, M.D., and NORTHEAST OB/GYN

ASSOCIATES, P.L.L.C., filed a Motion to Dismiss Plaintiff’s medical malpractice case pursuant

to TEX. CIV. PRAC. & REM. CODE §74.351.

2. On July 16, 2015, the Court granted Plaintiff a 30-day to extension pursuant to

§74.351(c) to cure deficiencies in her expert report.

3. Plaintiff file a report from the same expert on July 30, 2015.

4. Defendants, ELIZABETH KING, M.D., and NORTHEAST OB/GYN

ASSOCIATES, P.L.L.C., filed a Second Motion to Dismiss pursuant to TEX. CIV. PRAC. & REM.

CODE §74.351 on August 17, 2015.

5. On November 2, 2015, the Court denied Defendants, ELIZABETH KING, M.D.,

and NORTHEAST OB/GYN ASSOCIATES, P.L.L.C.’s Second Motion to Dismiss. 6. Pursuant to TEX. CIV. PRAC. & REM. CODE §51.014(a)(9), Defendants bring this

interlocutory appeal of the Court’s November 2, 2015 Order denying their Chapter 74 Motion to

Dismiss.

7. Defendants desire to appeal the Court’s ruling. Defendants hereby appeal the

Court’s ruling to the 4th Court of Appeals in San Antonio, Texas.

8. This appeal is accelerated pursuant to TEX. R. APP. P. 28.1. Further,

commencement of the trial of this case is stayed pursuant to TEX. CIV. PRAC. & REM. CODE

§51.014(b).

9. This Notice of Appeal has been filed within twenty (20) days of the Court signing

the Order denying Defendants’ Motion to Dismiss and is, therefore, timely for purposes of

accelerating this appeal.

10. All counsel of record are being provided with copies of this Notice.

Respectfully submitted,

UZICK & ONCKEN, P.C.

By: ____________________________________ J. Kevin Oncken State Bar No. 15280050 Roger A. Berger State Bar No. 02192400 238 Westcott Houston, Texas 77007 Tel: 713-869-2900 Fax: 713-869-6699 Email: kevin@unolaw.com Email: rberger@uzickoncken.com

ATTORNEYS FOR DEFENDANTS, ELIZABETH KING, M.D., and NORTHEAST OB/GYN ASSOCIATES, P.L.L.C. CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing Defendants’ Notice of Accelerated Appeal has been forwarded to Plaintiff’s counsel of record by facsimile transmission on this the 23rd day of November, 2015.

__________________________________________ Roger A. Berger

Defendants’ Notice of Accelerated Appeal Page 3 REQUEST NO. 18 REQUEST NO. 19 CAUSE NO. 2014-CI-17290 HOPE KELLEY § IN THE DISTRICT COURT § § v. § 224™ JUDICIAL DISTRICT ELIZABETH KING, M.D. AND § NORTHEAST OB/GYN ASSOCIATES, § PLLC § BEXAR COUNTY, TEXAS

ORDER DENYING DEFENDANTS' SECOND MOTION TO DISMISS PURSUANT TO CHAPTER 74.351

BE IT REMEMBERED that on the 13th day of October, 2015, came on to be heard Defendants', Elizabeth King, M.D. and Northeast OB/GYN Associates, P.L.L.C., Second Motion to Dismiss Pursuant to Chapter 74.3 51, and the Court, having considered the objections and motion, along with Plaintiff's response and the arguments and testimony of counsel, is of the opinion that Defendants' motion should be denied. It is therefore, ORDERED, ADJUDGED and DECREED that Defendants', Elizabeth King, M.D. and Northeast OB/GYN Associates, P.L.L.C., Second Motion to Dismiss Pursuant to Chapter 74.351 is, in all things, DENIED. SIGNED this - NOV 2 2015 - - day of'- - - - - -, 2015. M\ch ae\ E. Mei'/\ Presiding Judge ·. 37th District court ..., "> )( 'iH c ounty. Texas HONORABLE MICHAEL MERY

APPROVED AS TO FORM:

LAW OFFICE OF HOW ARD E. DAVIS, P.C. UZICK & ONCKEN, P.C.

By: ~Davis /fi L _ By: d)£2_'1_ -~-J._K_e_v-in_O_,,__k,.,,.e~n-o~z-r~9~2-y_u_o_ _ _ State Bar No. 05497500 State Bar No. 15280050 6655 First Park Ten Blvd., Suite 250 238 Westcott San Antonio, Texas 78213 Houston, Texas 77007 Telephone: (210) 738-8080 Telephone: (713) 869-2900 Facsimile: (210) 738-8088 Facsimile: (713) 869-6699 e-mail: irish-x@att.net e-mail: kevin@unolaw.com ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANTS