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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[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.[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.[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.[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
[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.CFort Worth 2006, pet. dism=d).
[4]See Tex. R. App. P. 42.3(a).