Bismar v. Morehead

Full title: MIKE BISMAR, M.D., APPELLANT v. DOROTHY A. MOREHEAD, VAUGHN R. MOREHEAD…

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Nov 29, 2007

No. 02-07-360-CV (Tex. App. Nov. 29, 2007)

Opinion

No. 02-07-360-CV

Delivered: November 29, 2007.

Appeal from the 348th District Court of Tarrant County.

PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

MEMORANDUM OPINION ¹

1 See TEX. R. APP. P. 47.4.

PER CURIAM.

Mike Bismar, M.D. is attempting to appeal the trial court's order denying his motion to dismiss the underlying medical malpractice lawsuit. We dismiss the appeal for want of jurisdiction.

Bismar moved to dismiss appellees' suit on the ground that their expert report was inadequate.² This court has held that an order denying a motion to dismiss based on the alleged inadequacy of an expert report is not appealable by interlocutory appeal.³ Consequently, we notified Bismar by letter that his appeal was subject to dismissal unless he filed a response showing grounds for continuing the appeal.⁴ Although Bismar has filed a response, it does not state grounds for continuing the appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

2 Bismar concedes that the initial expert report was timely, although he complains that the supplemental expert report was not.

3 See Jain v. Stafford, 214 S.W.3d 94, 97 (Tex.App.-Fort Worth 2006, pet. dism'd).

4 See TEX. R. APP. P. 42.3(a).