Court of Civil Appeals of Texas, 2007

Diaz-Rohena v. Melton

Diaz-Rohena v. Melton
Court of Civil Appeals of Texas · Decided January 25, 2007 · Holman, Gardner, Walker
253 S.W.3d 290; 2007 Tex. App. LEXIS 490; 2007 WL 174353 (South Western Reporter, Third Series)

Diaz-Rohena v. Melton

Opinion

MEMORANDUM OPINION 1

ANNE GARDNER, Justice.

Appellant Roberto Diaz-Rohena, M.D. attempts to appeal from the trial court’s denial of his motion to dismiss with prejudice the claims of Appellee Cynthia S. Melton. Appellant’s trial-court motion to dismiss had alleged that Appellee’s expert report was not legally sufficient and did not meet the statutory good faith require *291 ment under Texas Civil Practices and Remedies Code section 74.351. 2 Appellee filed a motion to dismiss this appeal for want of jurisdiction, and Appellant filed a response.

This court recently held that we lacked jurisdiction over an interlocutory appeal of an order denying a motion to dismiss based on the inadequacies of a section 74.351 expert report because such an order is not appealable under Texas Civil Practice and Remedies Code section 51.014 and no other statute gives us jurisdiction. 3 Accordingly, we have no jurisdiction over this appeal. Therefore, we grant Appellee’s motion and dismiss this appeal for want of jurisdiction.

1

. See Tex.R.App. P. 47.4.

2

. Tex. Civ. Prac. & Rem.Code Ann. § 74.351 (Vernon Supp. 2006).

3

. Jain v. Stafford, 214 S.W.3d 94, 97 (Tex.App.-Fort Worth, 2006, no pet. h.); see also TEX. CIV. PRAC. & REM.CODE ANN. § 51.014 (Vernon Supp. 2006).

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