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Morris v. Umberson

Because Texas Civil Practices & Remedies Code �51.014(a)(9) plainly prohibits interlocutory appeals of orders granting extensions, the appeal is premature. Accordingly, the interlocutory appeal is dismissed for lack of jurisdiction. Houston?s 1st Court of Appeals, No. 01-09-00644-CV, 11-05-2009

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OPINION

In this interlocutory appeal,*fn1 appellant, Michael W. Morris, M.D., challenges the trial court’s order denying his motion to dismiss the health care liability claim of appellee, Mary Umberson. In two issues, Dr. Morris contends that the trial court erred in not dismissing Umberson’s claim for failure to serve an expert report within 120 days of filing suit*fn2 and in granting Umberson a thirty-day extension to cure deficiencies in her late served expert report that was “fundamentally deficient and, consequently, represented no report at all.” Umberson has filed in this Court a motion to dismiss Dr. Morris’s interlocutory appeal for lack of jurisdiction.

We dismiss the interlocutory appeal.

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