Armando Ramos, Sr. v. Dr. Ian Richardson and Valley Baptist Medical Center
Armando Ramos, Sr. v. Dr. Ian Richardson and Valley Baptist Medical Center
Opinion
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
NUMBER 13-05-204-CV
ARMANDO RAMOS, SR. ET AL., Appellants,
v.
DR. IAN RICHARDSON, Appellee.
NUMBER 13-05-205-CV
ARMANDO RAMOS, SR. ET AL., Appellants,
v.
VALLEY BAPTIST MEDICAL CENTER, ET AL. Appellees.
On appeal from the 404th District Court
of Cameron County, Texas.
MEMORANDUM OPINION
Before Justices Hinojosa, Yañez, and Castillo
Memorandum Opinion by Justice Castillo
On February 17, 2005, the trial court entered an order dismissing these lawsuits for noncompliance with statutory requisites of section 74.351 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. _ 74.351 (Vernon Supp. 2005). The orders became final on March 19, 2005. The notices of appeal were filed on March 22, 2005, which did not occur within the plenary thirty-day period after entering judgment. Tex. R. Civ. P. 329b(d); Tex. R. App. P. 26.1(a)(1),(3); Bd. of Trustees v. Toungate, 958 S.W.2d 365, 367 (Tex. 1997). The trial court's plenary jurisdiction expired. In re Garcia, 94 S.W.3d 832, 833‑34 (Tex. App.BCorpus Christi 2002, orig. proceeding). Therefore, the order appealed from is final and unappealable. Toungate, 958 S.W.2d at 367. Judicial action taken after a trial court's jurisdiction over a cause has expired is a nullity. State ex rel. Latty v. Owens, 907 S.W.2d 484, 486 (Tex. 1995) (per curiam). Our jurisdiction extends no further than that of the court from which the appeal is taken. Mills v. Warner‑Lambert Co., 157 S.W.3d 424, 426 (Tex. 2005) (per curiam) (citing Pearson v. State, 315 S.W.2d 935, 938 (Tex. 1958)); Nabejas v. Tex. Dep't of Pub. Safety, 972 S.W.2d 875, 876 (Tex. App.BCorpus Christi 1998, no pet.). Accordingly, we conclude that we have no jurisdiction to consider these appeals. Id. We dismiss the appeals for want of jurisdiction. ERRLINDA CASTILLO
Justice
Memorandum Opinion delivered and filed
this 9th day of February, 2006.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.