Rosemary Hall, BSN, RN v. Dallas County Hospital District, D/B/A Parkland Health and Hospital Systems

• Court: Court of Appeals of Texas
• Decided: September 2, 2016
• Docket: 13-16-00378-CV
• Status: Published

Opinion

NUMBER 13-16-00378-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ROSEMARY HALL, BSN, RN, Appellant,

v.

DALLAS COUNTY HOSPITAL DISTRICT, D/B/A PARKLAND HEALTH AND HOSPITAL SYSTEMS, Appellee. ____________________________________________________________

On appeal from the 126th District Court of Travis County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Longoria Memorandum Opinion Per Curiam

Appellant, Rosemary Hall, BSN, RN, attempted to perfect an appeal from an order

granting a motion to transfer venue to Dallas County, Texas, entered by the 126th District Court of Travis County, Texas, in cause number D-1-GN-15-005652.1 Upon review of

the documents before the Court, it appeared that the order from which this appeal was

taken was not a final appealable order. The Clerk of this Court notified appellant of this

defect so that steps could be taken to correct the defect, if it could be done. See TEX. R.

APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not corrected within

ten days from the date of receipt of this notice, the appeal would be dismissed for want

of jurisdiction. Appellant filed documents in response.

Texas appellate courts have jurisdiction only over final orders or judgments unless

a statute permits an interlocutory appeal. Ogletree v. Matthews, 262 S.W.3d 316, 319

n.1 (Tex. 2007). An appeal from a trial court’s venue determination may not be reviewed

by interlocutory appeal. TEX. CIV. PRAC. & REM. CODE ANN. §15.064(a) (West, Westlaw

through 2015 R.S.); Electronic Data Sys. Corp. v. Pioneer Elecs. (USA) Inc., 68 S.W.3d

254, 257 (Tex. App.—Fort Worth 2002, no pet.). Based on the record before us, it

appears that the trial court has not yet rendered a final judgment in trial court cause

number D-1-GN-15-005652.

Appellant seeks to appeal from the trial court’s interlocutory order transferring

venue from Travis County to Dallas County. Accordingly, the appeal is DISMISSED

FOR WANT OF JURISDICTION. See id. 42.3(a). All pending motions are likewise

DISMISSED.

PER CURIAM

1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a

docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.).

2 Delivered and filed the 2nd day of September, 2016.