Oluwatosin L. Ajao M.D. v. Allison Turner Hall

Affirmed as Modified and Opinion and Dissenting Opinion filed August 2, 2022.
In The
Fourteenth Court of Appeals
NO. 14-21-00123-CV
OLUWATOSIN L. AJAO, M.D., Appellant
V.
ALLISON TURNER HALL, Appellee
On Appeal from the 239th District Court
Brazoria County, Texas
Trial Court Cause No. 104488-CV
DISSENTING OPINION
This is an attempted interlocutory appeal from the denial of a motion to
dismiss claims of medical negligence on the ground that the former patient did not
serve the physician with an expert report before the statutory deadline. Tex. Civ.
Prac. & Rem. Code Ann. § 51.014(a)(9); see Tex. Civ. Prac. & Rem. Code Ann.
§ 74.351 (a).
The clerk’s record contains the order denying the motion with the following
date and signature:
SIGNED this_ 8 day of Aw \ovuawa 2020,
Bee
JUDGE PRESIDING
000298
The clerk’s record also contains the notice of appeal:
Filed for Record
222021 4:41 PM
Rhonda Barchak, District Clerk
Brazoria County, Texas
1O4BS-CV
Maureen Rioy, Deputy
CAUSE NO, 104488-CV
ALLISON TURNER HALL IN THE DISTRICT COURT
Vs.
MEMORIAL HERMANN HEALTH
SYSTEM D/B/A MEMORIAL
HERMANN PEARLAND HOSPITAL,
OLUWATOSIN L. AJAO, M.D., AND
HARITA NYALAKONDA, M.D.
239" JUDICIAL DISTRICT
0 0 0 ooo oo
BRAZORIA COUNTY, TEXAS
DEFENDANT OLUWATOSIN L. AJAO, M.D.*5
NOTICE OF INTERLOCUTORY APPEAL
Based on the unambiguous plain language of the order in the clerk’s record,
the notice of appeal is untimely. See Tex. R. App. P. 26.1(b). This court should give
notice of an involuntary dismissal for want of jurisdiction. Tex. R. App. P. 42.3(a).
I respectfully dissent.
/s/_ — Charles A. Spain
Justice
Panel consists of Chief Justice Christopher and Justices Bourliot and Spain
(Christopher, C.J., majority).