Rosemary Hall, BSN, RN v. Dallas County Hospital District, D/B/A Parkland Health and Hospital Systems

NUMBER 13-16-00378-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
ROSEMARY HALL, BSN, RN, Appellant,
v.
DALLAS COUNTY HOSPITAL
DISTRICT, D/B/A PARKLAND
HEALTH AND HOSPITAL SYSTEMS, Appellee.
____________________________________________________________
On appeal from the 126th District Court
of Travis County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Longoria
Memorandum Opinion Per Curiam
Appellant, Rosemary Hall, BSN, RN, attempted to perfect an appeal from an order
granting a motion to transfer venue to Dallas County, Texas, entered by the 126th District
Court of Travis County, Texas, in cause number D-1-GN-15-005652.1 Upon review of
the documents before the Court, it appeared that the order from which this appeal was
taken was not a final appealable order. The Clerk of this Court notified appellant of this
defect so that steps could be taken to correct the defect, if it could be done. See TEX. R.
APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not corrected within
ten days from the date of receipt of this notice, the appeal would be dismissed for want
of jurisdiction. Appellant filed documents in response.
Texas appellate courts have jurisdiction only over final orders or judgments unless
a statute permits an interlocutory appeal. Ogletree v. Matthews, 262 S.W.3d 316, 319
n.1 (Tex. 2007). An appeal from a trial court’s venue determination may not be reviewed
by interlocutory appeal. TEX. CIV. PRAC. & REM. CODE ANN. §15.064(a) (West, Westlaw
through 2015 R.S.); Electronic Data Sys. Corp. v. Pioneer Elecs. (USA) Inc., 68 S.W.3d
254, 257 (Tex. App.—Fort Worth 2002, no pet.). Based on the record before us, it
appears that the trial court has not yet rendered a final judgment in trial court cause
number D-1-GN-15-005652.
Appellant seeks to appeal from the trial court’s interlocutory order transferring
venue from Travis County to Dallas County. Accordingly, the appeal is DISMISSED
FOR WANT OF JURISDICTION. See id. 42.3(a). All pending motions are likewise
DISMISSED.
PER CURIAM
1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a
docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
(West, Westlaw through 2015 R.S.).
2
Delivered and filed the
2nd day of September, 2016.
3