COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-360-CV
MIKE BISMAR, M.D. APPELLANT
V.
DOROTHY A. MOREHEAD, APPELLEES
VAUGHN R. MOREHEAD, AND
JAMES P. MOREHEAD, III,
INDIVIDUALLY AND AS HEIRS AT LAW
OF GLORIA MOREHEAD, DECEASED
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FROM THE 348TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1)
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Mike Bismar, M.D. is attempting to appeal the trial court’s order denying his motion to dismiss the underlying medical malpractice lawsuit. We dismiss the appeal for want of jurisdiction.
Bismar moved to dismiss appellees’ suit on the ground that their expert report was inadequate. (footnote: 2) This court has held that an order denying a motion to dismiss based on the alleged inadequacy of an expert report is not appealable by interlocutory appeal. (footnote: 3) Consequently, we notified Bismar by letter that his appeal was subject to dismissal unless he filed a response showing grounds for continuing the appeal. (footnote: 4) Although Bismar has filed a response, it does not state grounds for continuing the appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
PER CURIAM
PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
DELIVERED: November 29, 2007
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
Bismar concedes that the initial expert report was timely, although he complains that the supplemental expert report was not.
3:
See Jain v. Stafford, 214 S.W.3d 94, 97 (Tex. App.—Fort Worth 2006, pet. dism’d).
4:
See Tex. R. App. P. 42.3(a).