Wallace Mitchell v. J.M. Thomas, Renee Boone, Tina Wise, Deborah Fontenette, T. Castillo, T. White, Caralyn Floyd, Nancy Wells, C.C. May, Luis Ramos, G. Coburn, S. Middlebrooks, John Fernon, H. Simmons, S.B. Permenter, C. Brekel, Big Body Longoria, and Wellpath Health

Summary

The Ninth Court of Appeals of Texas dismissed Wallace Mitchell’s appeal for lack of jurisdiction. The trial court had dismissed Mitchell’s healthcare liability claims against the Wellpath defendants under Texas Civil Practice and Remedies Code section 74.351(b) for failure to serve an expert report, but claims against an unserved defendant, Lewis Brisbois, remained unresolved. Because the trial court’s order was neither a final judgment nor appealable under the applicable interlocutory-appeal statute, the appellate court dismissed the appeal.

Holdings

1. An order dismissing claims against some defendants is not final when the record demonstrates that the plaintiff intended to continue pursuing claims against an unserved defendant and the order neither disposes of all parties and claims nor states with unmistakable clarity that it is final.
2. Absent a final judgment, the court of appeals lacks jurisdiction unless an interlocutory appeal is specifically authorized by statute.
3. Section 51.014(a)(9) authorizes an interlocutory appeal from an order denying all or part of the relief sought by a motion under section 74.351(b), but not from an order granting that motion.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal from an order dismissing claims against some defendants when claims against an unserved defendant remained unresolved.
2. Whether the trial court's order was a final judgment under Texas law.
3. Whether Texas Civil Practice and Remedies Code section 51.014(a)(9) authorized an interlocutory appeal from an order granting, rather than denying, a motion under section 74.351(b).

Disposition

dismissed