in Re Northwest Texas Healthcare System, Inc. and Harvey Ross Shadbolt, CRNA ( 2008 )

NO. 07-04-0363-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JUNE 18, 2008

______________________________

IN RE NORTHWEST TEXAS HEALTHCARE SYSTEM, INC.

AND HARVEY ROSS SHADBOLT, CRNA, RELATORS

_________________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

          By opinion dated April 27, 2005, this Court conditionally granted a writ of mandamus in favor of Relators, Northwest Texas Healthcare System, Inc. and Harvey Ross Shadbolt, C.R.N.A. in a health care liability suit brought by Real Parties in Interest, Susan Roberts and John R. Roberts, Jr., individually and as next friends of their three minor children. Pursuant to § 13.01(g) of the Medical Liability and Insurance Improvement Act, the trial court granted the Roberts a thirty-day grace period in which to file their expert reports. This Court concluded that the expert reports were conclusory and thus, insufficient to support a grace period under § 13.01(g) and conditionally granted a writ of mandamus.

          On May 9, 2005, the Roberts filed a Petition for Writ of Mandamus in the Texas Supreme Court seeking relief from this Court’s decision. Based on its recent decision in In re McAllen Medical Center, Inc., No. 05-0892, 2008 WL 2069837, 51 Tex. Sup. Ct. J. 893 (Tex. May 16, 2008), on June 6, 2008, the Supreme Court held that this Court erred in granting Relators’ requested relief. Consequently, the Supreme Court conditionally granted mandamus relief in favor of the Roberts and directed this Court to vacate our previous order.

          Accordingly, we vacate our order of April 27, 2005 conditionally granting a writ of mandamus directing the Honorable Don Emerson, Judge of the 320th District Court to withdraw its prior order granting a thirty-day grace period to the Roberts in which to file their expert reports. We also deny the Petition for Writ of Mandamus filed by Relators, Northwest Texas Healthcare System, Inc. and Harvey Ross Shadbolt, C.R.N.A. on July 15, 2004.

                                                                           Per Curiam

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NO. 07-11-00115-CR

 

IN THE COURT OF APPEALS

 

FOR THE SEVENTH DISTRICT OF TEXAS

 

AT AMARILLO

 

PANEL D

 

APRIL 26, 2011

 

 

NICOLE C. FERGUSON, APPELLANT

 

v.

 

THE STATE OF TEXAS, APPELLEE

 

 

 FROM THE 100TH DISTRICT COURT OF CARSON COUNTY;

 

NO. 3701; HONORABLE DAN MIKE BIRD, JUDGE

 

 

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

 

 

ORDER OF ABATEMENT AND REMAND

 

Appellant, Nicole C. Ferguson, appeals the trial court’s judgment adjudicating guilt for the offense of felony possession of marijuana.[1]  The clerk’s record contains a certification of appellant’s right of appeal which was not signed by appellant. 

Effective September 1, 2007, Rule of Appellate Procedure 25.2(d) was amended to require certifications executed after the effective date to be signed by the appellant and a copy served on him.  Tex. R. App. P. 25.2(d); Mason v. State, No. 07-07-0383-CR, 2008 Tex. App. Lexis 3956 (Tex.App.--Amarillo May 29, 2008) (per curiam order, not designated for publication).  Consequently, we abate the appeal and remand the cause to the 100th District Court of Carson County for further proceedings.  On remand, the trial court shall utilize whatever means it finds necessary to secure and file with this court a certificate of right to appeal that complies with Rule 25.2(d).  Tex. R. App. P. 25.2(d).

If necessary, the trial court shall execute findings of fact, conclusions of law, and any necessary orders it may enter regarding the aforementioned issues and cause its findings, conclusions, and orders, if any, as well as a conforming certificate of appellant’s right of appeal to be included in a supplemental clerk’s record.  If the trial court conducts a hearing in the matter, it shall be stenographically recorded and the transcription included in a supplemental reporter’s record.  The trial court shall file the supplemental clerk’s record and the supplemental reporter’s record, if any, with the clerk of this court by May 26, 2010.

It is so ordered.

Per Curiam

 

 

Do not publish.

           

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[1] See Tex. Health & Safety Code Ann. § 481.121(a),(b)(5) (West 2010) (the knowing or intentional possession of a useable quantity of marijuana of 2,000 pounds or less but more than 50 pounds is a second degree felony).  A second degree felony is punishable by imprisonment for a term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.  Tex. Penal Code Ann. § 12.33 (West Supp. 2010).