Roberto Diaz-Rohena, M.D. v. Cynthia S. Melton
Opinion
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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-06-315-CV
ROBERTO DIAZ-ROHENA, M.D. APPELLANT
V.
CYNTHIA S. MELTON APPELLEE
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FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION[1]
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Appellant Roberto Diaz-Rohena, M.D. attempts to appeal from the trial court=s denial of his motion to dismiss with prejudice the claims of Appellee Cynthia S. Melton. Appellant=s trial-court motion to dismiss had alleged that Appellee=s expert report was not legally sufficient and did not meet the statutory good faith requirement under Texas Civil Practices and Remedies Code section 74.351.[2] Appellee filed a motion to dismiss this appeal for want of jurisdiction, and Appellant filed a response.
This court recently held that we lacked jurisdiction over an interlocutory appeal of an order denying a motion to dismiss based on the inadequacies of a section 74.351 expert report because such an order is not appealable under Texas Civil Practice and Remedies Code section 51.014 and no other statute gives us jurisdiction.[3] Accordingly, we have no jurisdiction over this appeal. Therefore, we grant Appellee=s motion and dismiss this appeal for want of jurisdiction.
ANNE GARDNER
JUSTICE
PANEL B: HOLMAN, GARDNER, and WALKER, JJ.
DELIVERED: January 25, 2007
[1]See Tex. R. App. P. 47.4.
[2]Tex. Civ. Prac. & Rem. Code Ann. ' 74.351 (Vernon Supp. 2006).
[3]Jain v. Stafford, No. 2-06-00250-CV, 2006 WL 3627140, at *2 (Tex. App.CFort Worth Dec. 14, 2006, no pet. h.); see also Tex. Civ. Prac. & Rem. Code Ann. ' 51.014 (Vernon Supp. 2006).
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