Linda Lewis, Jeraline Green, Laura Roberts, Ruby Anthony, Kathy Redeo, Raymond Green, and Johnnie Green v. Select Medical Corporation, Select Medical Corporation CEO David Chernow, Executive Chairman Robert Ortenzio, Vice Chairman Rocco A. Ortenzio, Select Specialty Hospital South Dallas and Dr. Adolphus Gist

• Court: Court of Appeals of Texas
• Decided: August 4, 2017
• Docket: 05-17-00298-CV
• Status: Published

Opinion

DISMISS and Opinion Filed August 4, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00298-CV

LINDA LEWIS AND LAURA ROBERTS, Appellants V. SELECT MEDICAL CORPORATION, SELECT MEDICAL CORPORATION CEO DAVID CHERNOW, EXECUTIVE CHAIRMAN ROBERT ORTENZIO, VICE CHAIRMAN ROCCO A. ORTENZIO, SELECT SPECIALTY HOSPITAL SOUTH DALLAS, AND DR. ADOLPHUS GIST, Appellees

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-16-06056-C

MEMORANDUM OPINION Before Chief Justice Wright, Justice Francis, and Justice Stoddart Opinion by Chief Justice Wright This Court questioned its jurisdiction over this appeal because there did not appear to be

a final judgment or other appealable order. We instructed appellants to file a letter brief

addressing our concern and gave appellees an opportunity to respond.

Generally, this Court has jurisdiction only over appeals from final judgments and certain

interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,

195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id.

Appellants appeal from the trial court’s March 20, 2017 partial summary judgment. That

judgment disposes of the plaintiffs’ claims against only defendants Select Medical Corporation and Select Specialty Hospital South Dallas. Plaintiffs’ claims against defendants David

Chernow, Robert Ortenzio, Rocco A. Ortenzio, and Dr. Adolphus Gist remain pending.

Appellant Linda Lewis filed a letter brief in which she asks this Court for permission to

appeal the interlocutory order. There is no statutory authority allowing an appeal of an

interlocutory order granting partial summary judgment. See TEX. CIV. PRAC. & REM. CODE ANN.

§ 51.014(1)-(13) (West Supp. 2016). Accordingly, we dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 42.3(a).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

170298F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

LINDA LEWIS AND On Appeal from the County Court at Law LAURA ROBERTS, Appellants No. 3, Dallas County, Texas Trial Court Cause No. CC-16-06056-C. No. 05-17-00298-CV V. Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating. SELECT MEDICAL CORPORATION, SELECT MEDICAL CORPORATION CEO DAVID CHERNOW, EXECUTIVE CHAIRMAN ROBERT ORTENZIO, VICE CHAIRMAN ROCCO A. ORTENZIO, SELECT SPECIALTY HOSPITAL SOUTH DALLAS AND DR. ADOLPHUS GIST, Appellees

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

It is ORDERED that appellees, SELECT MEDICAL CORPORATION, SELECT MEDICAL CORPORATION CEO DAVID CHERNOW, EXECUTIVE CHAIRMAN ROBERT ORTENZIO, VICE CHAIRMAN ROCCO A. ORTENZIO, SELECT SPECIALTY HOSPITAL SOUTH DALLAS AND DR. ADOLPHUS GIST recover their costs of this appeal from appellants LINDA LEWIS AND LAURA ROBERTS.

Judgment entered August 4, 2017.

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