Paul J. Della Rocco v. Joseph Oei, MD

Court of Appeals of Texas

Paul J. Della Rocco v. Joseph Oei, MD

DecidedJune 9, 2011

Docket11-11-00063-CV

StatusPublished

This text of Paul J. Della Rocco v. Joseph Oei, MD (Paul J. Della Rocco v. Joseph Oei, MD) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Paul J. Della Rocco v. Joseph Oei, MD, (Tex. Ct. App. 2011).

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Opinion

Order filed June 9, 2011

In The

Eleventh Court of Appeals

__________

No. 11-11-00063-CV

PAUL J. DELLA ROCCO, Appellant

V.

JOSEPH OEI, MD, Appellee

On Appeal from the County Court at Law No. 2

Midland County, Texas

Trial Court Cause No. CC15143

O R D E R

Paul J. Della Rocco has filed an appeal from the trial court’s dismissal of his health care liability suit. Upon being notified that the filing fees and the record were due, appellant filed in this court an affidavit of indigency. The court reporter and the district clerk have each filed a contest in this court. We abate the appeal and, pursuant to Tex. R. App. P. 20.1(h)(4), refer the contest to the trial court.

The trial court is directed to comply with Tex. R. App. P. 20.1 in conducting a hearing to determine whether appellant is indigent. Unless a written order sustaining the contest is timely entered, appellant will be allowed to proceed without advance payment of costs. Rule 20.1(i). The trial court clerk is directed to forward to this court on or before July 14, 2011, a supplemental clerk’s record containing any orders and findings entered by the trial court with respect to the contest. This appeal will be reinstated upon receipt of the supplemental clerk’s record.

PER CURIAM

June 9, 2011

Panel[1] consists of: Wright, C.J.,

McCall, J., and Hill, J.[2]

[1]Rick Strange, Justice, resigned effective April 17, 2011. The justice position is vacant pending appointment of a successor by the governor.

[2]John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.

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Order filed June 9, 2011

In The

Eleventh Court of Appeals

__________

No. 11-11-00063-CV

PAUL J. DELLA ROCCO, Appellant

V.

JOSEPH OEI, MD, Appellee

On Appeal from the County Court at Law No. 2

Midland County, Texas

Trial Court Cause No. CC15143

O R D E R

Paul J. Della Rocco has filed an appeal from the trial court’s dismissal of his health care liability suit. Upon being notified that the filing fees and the record were due, appellant filed in this court an affidavit of indigency. The court reporter and the district clerk have each filed a contest in this court. We abate the appeal and, pursuant to Tex. R. App. P. 20.1(h)(4), refer the contest to the trial court.

The trial court is directed to comply with Tex. R. App. P. 20.1 in conducting a hearing to determine whether appellant is indigent. Unless a written order sustaining the contest is timely entered, appellant will be allowed to proceed without advance payment of costs. Rule 20.1(i). The trial court clerk is directed to forward to this court on or before July 14, 2011, a supplemental clerk’s record containing any orders and findings entered by the trial court with respect to the contest. This appeal will be reinstated upon receipt of the supplemental clerk’s record.

PER CURIAM

June 9, 2011

Panel[1] consists of: Wright, C.J.,

McCall, J., and Hill, J.[2]

[1]Rick Strange, Justice, resigned effective April 17, 2011. The justice position is vacant pending appointment of a successor by the governor.

[2]John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.

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Paul J. Della Rocco v. Joseph Oei, MD, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-j-della-rocco-v-joseph-oei-md-texapp-2011.