Document Info

DocketNumber: 14-18-00803-CV

Filed Date: 11/6/2018

Status: Precedential

Modified Date: 11/7/2018

  • Petitions for Permission to Appeal Denied and Memorandum Opinion filed
    November 6, 2018.
    In The
    Fourteenth Court of Appeals
    ______________________________________
    NOS. 14-18-00802-CV and 14-18-00803-CV
    _______________________________________
    BAYLOR COLLEGE OF MEDICINE, DR. HADLEY AND TEXAS
    CHILDREN'S HOSPITAL PAVILION FOR WOMEN, Appellants
    V.
    CINDI C. DAVIS AND JOHN DAVIES, Appellees
    On Appeal from the 61st District Court
    Harris County, Texas
    Trial Court Cause No. 2018-05395
    MEMORANDUM OPINION
    Appellant Baylor College of Medicine and appellants Dr. Hailey Hall and
    Texas Children’s Hospital Pavilion for Women, pursuant to section 51.014(f) of the
    Texas Civil Practices and Remedies Code, filed petitions for permission to appeal
    the following orders signed by the Honorable Fredericka Phillips of the 61st District
    Court, Harris County, Texas: (1) the amended order signed on September 6, 2018
    denying Baylor College of Medicine’s traditional motion for summary judgment on
    limitations, and (2) the order signed on August 13, 2018 denying Dr. Hailey Hall’s
    and Texas Children’s Hospital Pavilion for Women’s second amended traditional
    motion for summary judgment (the “orders”).
    To be entitled to a permissive appeal from an interlocutory order that is not
    otherwise appealable, the requesting party must establish that the order “involves a
    controlling question of law as to which there is a substantial ground for difference
    of opinion” and allowing an immediate appeal “may advance the ultimate
    termination of the litigation.” Tex. Civ. Prac. & Rem. Code § 51.014(d); see also
    Tex. R. App. P. 28.3.
    The petitions fail to establish that the challenged orders involve a controlling
    question of law as to which there is a substantial ground for difference of opinion.
    Accordingly, we deny the petitions and dismiss the appeals.
    PER CURIAM
    Panel consists of Justices Christopher, Busby, and Brown.
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