Linda Lewis v. Select Medical Corporation

Opinion

Dismissed and Opinion Filed August 30, 2018

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00005-CV

LINDA LEWIS, Appellant

V.

SELECT MEDICAL CORPORATION, SELECT MEDICAL CORPORATION, SELECT MEDICAL CORPORATION CEO DAVID CHERNOW, EXECUTIVE CHAIRMAN ROBERT ORTENZIO, VICE CHAIRMAN ROCCO A. ORTENZIO, SELECT SPECIALTY HOSPITAL SOUTH DALLAS, DR. ADOLPHUS GIST, ASSOCIATE JUDGE SHERYL DAY MCFARLIN, AND SENIOR JUDGE MICHAEL J. O'NEILL, Appellees

On Appeal from the 162nd Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-17-10338

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright

Appellant’s brief in this case is overdue. By postcard dated August 15, 2018, we notified

appellant the time for filing her brief had expired. We directed appellant to file both her brief and

an extension motion within ten days. Although we cautioned her that failure to file the brief and

extension motion would result in dismissal of the appeal, appellant has failed to comply.

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b),(c).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

180005F.P05

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

LINDA LEWIS, Appellant On Appeal from the 162nd Judicial District Court, Dallas County, Texas No. 05-18-00005-CV V. Trial Court Cause No. DC-17-10338.

Opinion delivered by Chief Justice Wright, SELECT MEDICAL CORPORATION, Justices Evans and Brown participating. SELECT MEDICAL CORPORATION CEO DAVID CHERNOW, EXECUTIVE CHAIRMAN ROBERT ORTENZIO, VICE CHAIRMAN ROCCO A. ORTENZIO, SELECT SPECIALTY HOSPITAL SOUTH DALLAS, DR. ADOLPHUS GIST, ASSOCIATE JUDGE SHERYL DAY MCFARLIN, AND SENIOR JUDGE MICHAEL J. O'NEILL, Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER Select Medical Corporation, Select Medical Corporation CEO David Chernow, Executive Chairman Robert Ortenzio, Vice Chairman Rocco A. Ortenzio, Select Specialty Hospital South Dallas, Dr. Adolphus Gist, Associate Judge Sheryl Day McFarlin, and Senior Judge Michael J. O'Neill recover their costs, if any, of this appeal from appellant Linda Lewis.

Judgment entered this day of August 30, 2018.