Walgreens Co. and Dr. Ann Fan, D. Pharm v. Anna Marie Hernandez

Order entered March 19, 2021

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-21-00114-CV

WALGREENS CO. AND DR. ANN FAN, D. PHARM, Appellants V.

ANNA MARIE HERNANDEZ, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas

Trial Court Cause No. 380-03727-2020

ORDER

Appellants appeal from the trial court’s interlocutory order denying their motion to dismiss for appellee’s allegedly inadequate expert report. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351. Appellants’ brief on the merits is currently due March 22, 2021. Before the Court is appellants’ March 17, 2021 unopposed motion to abate this appeal to allow time for appellee to designate a new expert, appellants to decide whether to oppose that expert, and the trial court to rule on any objection appellants may assert. We GRANT the motion to the extent that we ORDER appellants to file, within sixty days of the date of this order, (1) their brief on the merits; (2) a motion to dismiss the appeal; or (3) a status report.

/s/ KEN MOLBERG JUSTICE