SCC Partners, Inc. D/B/A Senior Care Health and Rehabilitation Center - Bridgeport And Foursquare Healthcare, Ltd. F/K/A SCC Healthcare Group v. Billy Robert Ince, Individually and as a Representative of the Estate of Norecca 'Joy' Ince

• Court: Court of Appeals of Texas
• Decided: October 5, 2015
• Docket: 02-15-00312-CV
• Status: Published

Opinion

ACCEPTED 02-15-00312-CV SECOND COURT OF APPEALS FORT WORTH, TEXAS 10/5/2015 4:41:33 PM DEBRA SPISAK CLERK

CAUSE NO. CV14-04-225

BILLY ROBERT INCE, INDIVIDUALLY § IN THE DISTRICT COURT AND AS REPRESENTATIVE OF THE § FILED IN 2nd COURT OF APPEALS ESTATE OF NORECCA “JOY” INCE, § FORT WORTH, TEXAS DECEASED § 10/5/2015 4:41:33 PM § DEBRA SPISAK vs. § WISE COUNTY, TEXAS Clerk § SCC PARTNERS, INC D/B/A SENIOR § CARE HEALTH AND REHABILITATION § CENTER – BRIDGEPORT; AND § FOURSQUARE HEALTHCARE, LTD. § F/K/A SSC HEALTHCARE GROUP § 271st JUDICIAL DISTRICT

DEFENDANTS’ NOTICE OF APPEAL

Defendants SCC Partners, Inc. d/b/a Senior Care Health and Rehabilitation Center –

Bridgeport and Foursquare Healthcare, Ltd. f/k/a SCC Healthcare Group (“Defendants”) desire

to appeal from the Court’s September 17, 2015 Order Denying Defendant SCC Partners, Inc.;

and Foursqare Healthcare, LTD’s Objections to Plaintiff’s Expert Report and Motion to Dismiss.

I. PROCEDURAL BACKGROUND

This Notice of Appeal arises from an interlocutory order overruling Defendants’

objections to and denying Defendants’ motion to dismiss Plaintiffs’ Supplemental Chapter 74

Expert Reports. See Tex. Civ. Prac. & Rem. Code § 51.014(9) (West 2011). The Court denied

Defendants’ motion on September 17, 2015. See Order Denying Defendant SCC Partners, Inc.;

and Foursqare Healthcare, LTD’s Objections to Plaintiff’s Expert Report and Motion to Dismiss

attached as Exhibit A. Accordingly, Defendants’ deadline to file a notice of appeal is October 7,

2015. See Tex. R. App. P. 26.1 (b).

DEFENDANTS’ NOTICE OF APPEAL Page 1 2289637v1 8502.004 II. THE APPEAL

Because Defendants’ appeal arises from the denial of all or part of the relief sought by a

motion under Section 74.351(b), this appeal is accelerated. 1 See Tex. R. App. P. 28.1(a); Tex.

Civ. Prac. & Rem. Code § 51.014(9). Defendants-Appellants are appealing this matter to the

Second District Court of Appeals sitting in Fort Worth, Texas. Defendants-Appellants file the

original of this Notice of Appeal in the trial court of the above-referenced cause, and a copy in

the Fort Worth Court of Appeals. See Tex. R. App. P. 25.1 (e). Defendants-Appellants also

served this Notice of Appeal on Plaintiffs-Appellees as set forth in the attached certificate of

service. Id.

III. PRAYER

Defendants-Appellants request that the Court accept this timely filed Notice of Appeal,

and that the trial court coordinate with the Court of Appeals as further requested, including

forwarding the Clerk’s Record and Reporter’s Record as further requested in separate

documentation, and the assigning of an appellate case number by the Court of Appeals.

1 This appeal is not an appeal from a parental termination or child protection case.

DEFENDANTS’ NOTICE OF APPEAL Page 2 2289637v1 8502.004 Respectfully submitted,

THOMPSON, COE, COUSINS & IRONS, L.L.P.

/s/ Michael A. Yanof Michael A. Yanof State Bar No. 24003215 John B. Kronenberger State Bar No. 11733050 Cassie J. Dallas State Bar No. 24074105

Plaza of the Americas 700 N. Pearl Street, Twenty-Fifth Floor Dallas, Texas 75201-2832 Telephone: (214) 871-8200 Telecopy: (214) 871-8209 E-Mail: myanof@thompsoncoe.com jkronenberger@thompsoncoe.com cdallas@thompsoncoe.com

ATTORNEYS FOR DEFENDANTS

DEFENDANTS’ NOTICE OF APPEAL Page 3 2289637v1 8502.004 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing has been served on all counsel of record via e-service and facsimile, on the 5th day of October, 2015.

Dawn M. Smith Clinesmith Wooten Smith, LLP 1700 Pacific Avenue, Suite 1650 Dallas, TX 75201 T: (214) 953-1900 F: (214) 953-1901 E: dawn@clinesmithwootensmith.com

Curtis Clinesmith The Clinesmith Firm 1700 Pacific Avenue, Suite 1650 Dallas, TX 75201 T: (214) 953-1900 F: (214) 953-1901 E: curtis@clinesmithfirm.com

/s/ Michael A. Yanof Michael A. Yanof

DEFENDANTS’ NOTICE OF APPEAL Page 4 2289637v1 8502.004 CAUSE NO. CV14-04-225

B I L L Y ROBERT INCE, § IN T H E DISTRICT COURT INDIVIDUALLY AND AS A § REPRESENTATIVE O F § T H E E S T A T E I F NORECCA "JOY" § INCE, DECEASED § Plaintiff, § § s t v. 2 7 1 JUDICIAL DISTRICT § SCC PARTNERS, INC. d/b/a § SENIOR CARE H E A L T H AND § REHABILITATION CENTER - § BRIDGEPORT; AND FOURSQUARE HEALTHCARE, L T D . f/k/a SCC HEALTHCARE GROUP § § Defendants. WISE COUNTY, T E X A S

ORDER DENYING DEFENDANT SCC PARTNERS, INC.; AND FOURSQUARE H E A L T H C A R E , LTD'S OBJECTIONS TO PLAINTIFF'S E X P E R T REPORT AND

MOTION TO DISMISS

On August 31, 2015, the Court heard and considered Defendant SCC Partners, Inc. d/b/a

Senior Care Health and Rehabilitation Center—Bridgeport; and Foursquare Healthcare, LTD

f/k/a SCC Healthcare Group's Objections to Plaintiffs Expert Report and Motion to Dismiss.

The Court, having considered the objections and the motion to dismiss, Plaintiffs response and

arguments against Defendants' objections and motion, and upon finding Defendants did not

show GOOD CAUSE, finds the objections and motion should be and are hereby DENIED.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant SCC

Partners, Inc. d/b/a Senior Care Health and Rehabilitation Center—Bridgeport; and Foursquare

Healthcare, LTD f/k/a SCC Healthcare Group's Objections to Plaintiffs Expert Report and

Motion to Dismiss are hereby DENIED. ^ ^-^P, AM aLLLXJrM SEP 1 $ 2015 INCE—ORDER DENYING DEFENDANTS' OBJECTIONS TO EXPERT REPORT A N D M O TION TO Dmosfo fcewE P U T R p f qiEHK-WIBB eOUNTV, TK EXHIBIT A DEPUTY SIGNED this /7ti day of 2015.

HONORABLE JUDGE PRESIDING

i—ORDER DENYING DEFENDANTS' OBJECTIONS TO EXPERT REPORT A N D MOTION TO DISMISS

EXHIBIT A