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Christus Health Southeast Texas v. Griffin10/20/2005
Christus Health Southeast Texas d/b/a Christus St. Mary Hospital ("St. Mary") prosecutes this interlocutory appeal based upon the trial court's denial of a motion to dismiss filed by St. Mary in the course of a bill of review action. Because the law applicable to the record facts and to the procedural circumstances does not allow for St. Mary to proceed with an interlocutory appeal, we dismiss the appeal for lack of appellate jurisdiction and remand the cause to the trial court for further proceedings.
BACKGROUND
On May 6, 2002, plaintiffs, Daniel Lee Griffin, individually, and as executor of the estate of Patricia Ruth Griffin, deceased, et al. ("Griffin") filed an original petition in the 172nd District Court, Jefferson County, Texas, cause number E-167,158. The original petition raised a number of health care liability claims, as defined in the Medical Liability and Insurance Improvement Act ("MLIIA"), against St. Mary, as well as against two named physicians and Life Share Blood Centers. In support of his claims, Griffin, on October 23, 2002, timely filed an expert report pursuant to section 13.01(d) of the MLIIA. See Tex. Rev. Civ. Stat. Ann. art. 4590i, § 13.01(d) (Vernon Supp. 2003). Thereafter, on June 9, 2003, St. Mary filed a motion to dismiss based upon section 13.01(e) of article 4590i alleging that Griffin's expert report wholly failed to qualify as an expert report against St. Mary. Specifically, St. Mary contended that Griffin's expert report did not satisfy the statutory requirements of section 13.01(r)(6), thereby requiring dismissal of all claims against St. Mary.
Griffin's June 20, 2003, response to this motion to dismiss contended that his expert's report met the expert report requirements of article 4590i, and demonstrated health care liability claims against St. Mary. See art. 4590i, § 13.01(r)(5)(6). Additionally, Griffin requested a thirty-day grace period in which to provide an amended expert report should the trial court find the report deficient as to St. Mary. See art. 4590i, § 13.01(g); see generally Walker v. Gutierrez, 111 S.W.3d 56, 60-62 (Tex. 2003).
Approximately twelve days later, on July 1, 2003, the trial court granted St. Mary's motion, and dismissed Griffin's suit "with prejudice" only as to St. Mary. The rest of the defendants remained in Griffin's suit. On July 15, 2003, St. Mary filed a motion for severance which was granted by the trial court. The severance order permitted the trial court's prior order dismissing St. Mary to become final. The severance order was signed by the trial court on August 15, 2003. A motion for new trial filed by Griffin was apparently denied by operation of law. Docket sheet entries indicate that Griffin's health care liability claims against the remaining defendants apparently were transferred from the 172nd District Court to the 58th District Court of Jefferson County, and finally transferred to the 60th District Court, also in Jefferson County. It appears that the cause is still pending in the 60th District Court under cause number, "B-167,158."
On June 18, 2004, a little over ten months after the severance order was signed, Griffin filed an original petition for bill of review in the 172nd District Court of Jefferson County, under cause number E-172,759, with St. Mary being the only named defendant. In his bill of review, Griffin alleged he was precluded from filing an adequate expert report as to St. Mary's medical negligence due to certain "fraudulent and wrongful acts" on the part of St. Mary. Appended to the bill of review were various exhibits ranging from deposition excerpts to discovery responses. On August 25, 2004, St. Mary filed a motion for summary judgment cont
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