law-ILA | Also see HCLC cases (interlocutory appeal or mandamus re: sufficiency of expert report)
common interlocutory appeals | health care liability suits re motion to dismiss | governmental entity and immunity |
temporary injunctions |
Tex. Civ. Prac. & Rem. Code § 51.014(a)(8) (permitting appeal from an interlocutory order that denies a
plea to the jurisdiction by a governmental unit).
Interlocutory Appeals
Klein, MD and BCM v. Hernandez, No. 08-0453 (Tex. May 7, 2010)(Tex. May 7, 2010)(Medina)
(medical resident at private state-supported medical school working in public hospital entitled to bring
interlocutory appeal of denial of summary judgment motion based on immunity defense)
GEOFFREY KLEIN, M.D. AND BAYLOR COLLEGE OF MEDICINE v. CYNTHIA HERNANDEZ, AS THE PARENT
AND NEXT FRIEND OF N.H., A MINOR; from Harris County;
1st district (01‑06‑00569‑CV, 260 SW3d 1, 04‑17‑08) 2 petitions
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court.
Justice Medina delivered the opinion of the Court. [pdf]
Justice Willett delivered a concurring opinion. [pdf]
See Electronic Briefs in GEFFREY KLEIN, M.D. and BAYLOR COLLEGE OF MEDICINE v. HERNANDEZ
Zimmerman, MD v. Gonzalez Anaya, No. 08-0580 (Tex. May 7, 2010) (Tex. May 7, 2010)(per curiam)
(right to interlocutory appeal of medical resident of state-supported medical school; government employee status)
GEOFFREY ZIMMERMAN, M.D. v. WENDY GONZALEZ ANAYA, INDIVIDUALLY AND A/N/F OF CHRISTOPHER
GABRIEL HERNANDEZ, DECEASED; from Harris County;
1st district (01‑07‑00570‑CV, ___ SW3d ___, 06‑05‑08)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and remands the case to that court.
Per Curiam Opinion [pdf]
See Electronic Briefs in GEOFFREY ZIMMERMAN, M.D. v. ANAYA
UT Southwestern Med. Ctr. at Dallas v. Gentillello, MD, No. 08-0696 (Tex. Dec. 18, 2009)(per curiam)
(Whistleblower case remanded in light of decision, holding in State v. Lueck)
THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS v. LARRY M. GENTILELLO, M.
D.; from Dallas County; 5th district (05-07-00845-CV, 260 SW3d 221, 07-18-08)
motion to dismiss dismissed as moot
stay order issued October 2, 2008, lifted
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals’ judgment and remands the case to that court.
Per Curiam Opinion [pdf]
The Medical Center filed a plea to the jurisdiction, asserting that Gentilello’s claims were barred by governmental
immunity because he failed to allege a violation under the Whistleblower Act. The trial court denied the plea to
the jurisdiction and the Medical Center appealed. See Tex. Civ. Prac. & Rem.Code § 51.014(a)(8) (permitting
appeal from an interlocutory order that denies a plea to the jurisdiction by a governmental unit).
Leland, DDS v. Brandal, No. 06-1028 (Tex. June 13, 2008)(O'Neill) (conflicts jurisdiction, HCLC 30-day-extension
to file expert report)(Remand proper for grant of 30-day extension by trial court where expert report found
deficient for the first time in interlocutory appeal)
JOHN LELAND, D.D.S. v. GEORGE C. BRANDAL AND RUTH L. BRANDAL; from Bandera County;
4th district (04-05-00855-CV, 217 SW3d 60, 09-13-06)
The Court affirms the court of appeals' judgment.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Scott Brister delivered a dissenting opinion.
Lewis, MD v. Funderburk, No. 06-0518 (Tex. Apr. 11, 2008) (Brister) (HCLC, interlocutory appeal)
RORY LEWIS, M.D. v. DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK; from
Limestone County; 10th district (10-05-00197-CV, 191 S.W.3d 756, 04-05-06)
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice O'Neill delivered a concurring opinion.
Justice Willett delivered a concurring opinion.
County of Dallas v. Sempe, No. 05-0022 (Tex. Mar. 28, 2008)(per curiam)(no conflicts jurisdiction, petition
ungranted) The petition for review is dismissed for want of jurisdiction.
Bowden v. Phillips Petroleum Co., No. 03-0824 (Tex. Feb. 15, 2008)(Justice Wainwright)
(class action de-certification, oil gas and minerals, royalty owners, interlocutory appeal)
COURT OF APPEALS CASES IN WHICH SUPREME COURT DENIED REVIEW
08-0599
LANGSTON, SWEET & FREESE, P.A. AND SWEET & FREESE, P.L.L.C. v. CLETUS P. ERNSTER, III; CLETUS P.
ERNSTER, III, P.C.; AND R.G. TAYLOR, II, P.C.; from Jefferson County; 9th district
(09-07-00435-CV, 255 SW3d 402, 05-08-08) (special appearance, personal jurisdiction, interlocutory appeal)
In this lawsuit over division of litigation expenses, two law firms and an individual attorney filed special
appearance motions challenging the trial court's jurisdiction over them. The trial court denied the motions, and
this interlocutory appeal followed. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(7) (Vernon Supp. 2007). We
conclude the trial court has jurisdiction over the law firms but not the individual attorney.We affirm the trial court's
order denying the special appearance motions of Langston, Sweet, & Freese and Sweet & Freese. Richard
Freese's contacts are insufficient to support either general or specific jurisdiction on this record. We reverse the
order denying his special appearance, and instruct the trial court to dismiss Richard Freese from the lawsuit for
lack of personal jurisdiction.