Dismiss and Opinion Filed March 18, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01585-CV
SUSAN ANN FISHER, Appellant
V.
MEDICAL CENTER OF PLANO, CYNTHIA CARTER, R.N., ANNE W. HANDLEY,
R.N. AND RAY J. DELGADILLO, R.T., Appellees
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-01024-2014
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Before the Court is appellees’ February 13, 2015, motion to dismiss for lack of
jurisdiction. For the following reasons, we grant the motion and dismiss this appeal.
In case No. 05-14-01441-cv, appellant appealed an order of the trial court dated October
17, 2014, that dismissed her medical liability claims against two physicians for failure to comply
with chapter 74 of the Texas Civil Practice and Remedies Code. While that appeal was pending,
appellant filed this case appealing two more orders of the trial court dated November 14, 2014,
that dismissed her medical liability claims against Medical Center of Plano, Cynthia Carter,
R.N., Anne Handley, R.N., and Ray Delgadillo, R.T.
In this Court’s opinion of appellant’s appeal against the physicians, we explained that we
do not have jurisdiction over appellant’s appeal because claims remain against a defendant in the
suit below. See Fisher v. Medical Center of Plano, et al., No. 05-14-01441-CV, 2015 WL 73441
(Tex. App.—Dallas Jan. 6, 2015, no pet. h.) (mem. op.). The trial court has neither rendered final
judgment nor signed an appealable interlocutory order in this case. Id. For the same reasons, this
Court lacks jurisdiction over this appeal. We DISMISS this appeal.
141585F.P05
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SUSAN ANN FISHER, Appellant On Appeal from the 296th Judicial District
Court, Collin County, Texas
No. 05-14-01585-CV V. Trial Court Cause No. 296-01024-2014.
Opinion delivered by Chief Justice Wright.
MEDICAL CENTER OF PLANO, Justices Lang-Miers and Stoddart
CYNTHIA CARTER, ANN W. participating.
HANDLEY, R.N. AND RAY J.
DELGADILLO, R.T., Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want
of jurisdiction.
It is ORDERED that appellee MEDICAL CENTER OF PLANO, CYNTHIA CARTER,
ANN W. HANDLEY, R.N. AND RAY J. DELGADILLO, R.T. recover their costs of this appeal
from appellant SUSAN ANN FISHER.
Judgment entered March 18, 2015.
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