Oluwatosin L. Ajao M.D. v. Allison Turner Hall

• Court: Court of Appeals of Texas
• Decided: August 2, 2022
• Docket: 14-21-00123-CV
• Status: Published

Opinion

Affirmed as Modified and Opinion and Dissenting Opinion filed August 2, 2022.

In The

Fourteenth Court of Appeals

NO. 14-21-00123-CV

OLUWATOSIN L. AJAO, M.D., Appellant V. ALLISON TURNER HALL, Appellee

On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 104488-CV

DISSENTING OPINION

This is an attempted interlocutory appeal from the denial of a motion to dismiss claims of medical negligence on the ground that the former patient did not serve the physician with an expert report before the statutory deadline. Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(9); see Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (a). The clerk’s record contains the order denying the motion with the following

date and signature:

SIGNED this_ 8 day of Aw \ovuawa 2020,

Bee

JUDGE PRESIDING

000298

The clerk’s record also contains the notice of appeal:

Filed for Record

222021 4:41 PM

Rhonda Barchak, District Clerk Brazoria County, Texas 1O4BS-CV

Maureen Rioy, Deputy

CAUSE NO, 104488-CV

ALLISON TURNER HALL IN THE DISTRICT COURT

Vs.

MEMORIAL HERMANN HEALTH SYSTEM D/B/A MEMORIAL HERMANN PEARLAND HOSPITAL, OLUWATOSIN L. AJAO, M.D., AND HARITA NYALAKONDA, M.D.

239" JUDICIAL DISTRICT

0 0 0 ooo oo

BRAZORIA COUNTY, TEXAS

DEFENDANT OLUWATOSIN L. AJAO, M.D.*5 NOTICE OF INTERLOCUTORY APPEAL

Based on the unambiguous plain language of the order in the clerk’s record, the notice of appeal is untimely. See Tex. R. App. P. 26.1(b). This court should give

notice of an involuntary dismissal for want of jurisdiction. Tex. R. App. P. 42.3(a). I respectfully dissent.

/s/_ — Charles A. Spain Justice

Panel consists of Chief Justice Christopher and Justices Bourliot and Spain (Christopher, C.J., majority).