Friday, August 15, 2008

Snailpace Justice: Texas Supreme Court sets three year old interlocutory appeal in med-mal case for oral argument

That's noteworthy, for interlocutory appeals are supposed to be accelerated appeals. Appellants are required to file the notice of appeal not within 30 days of the order causing offense, but ten days sooner.

No. 05-0801
S. MURTHY BADIGA, M.D. v. MARICRUZ LOPEZ; from Hidalgo County; 13th district (13-04-00452-CV, ___ SW3d ___, 07-07-05)

Set for oral argument on September 9, 2008 at 9:00 a.m.

Opinion below: Badiga v. Lopez (Tex.App.- Corpus Christi, July 7, 2005, pet. filed)("This is an interlocutory appeal by appellant, S. Murthy Badiga, M.D., asserting that the trial court erred by failing to dismiss a medical malpractice suit after an expert report was untimely filed by appellee, Maricruz Lopez, in violation of Section 74.351 of the Texas Civil Practice and Remedies Code. We dismiss this appeal for want of jurisdiction.")

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