ACCEPTED
FILED 04-15-00747-CV
11/23/2015 4:56:31 PM FOURTH COURT OF APPEALS
Donna Kay McKinney SAN ANTONIO, TEXAS
Bexar County District Clerk 12/3/2015 1:09:46 PM
Accepted By: Brenda Carrillo KEITH HOTTLE
CLERK
CAUSE NO. 2014-CI-17290
HOPE KELLEY § IN THE DISTRICT COURT OF
FILED IN
Plaintiff, § 4th COURT OF APPEALS
§ SAN ANTONIO, TEXAS
v. § BEXAR 12/3/2015
COUNTY, TEXAS1:09:46 PM
§ KEITH E. HOTTLE
ELIZABETH KING, M.D., and § Clerk
NORTHEAST OB/GYN §
ASSOCIATES, P.L.L.C. §
Defendants. § 224TH JUDICIAL DISTRICT
DEFENDANTS’ NOTICE OF ACCELERATED APPEAL
TO THE HONORABEL JUDGE OF SAID COURT:
COME NOW, ELIZABETH KING, M.D., and NORTHEAST OB/GYN ASSOCIATES,
P.L.L.C., Defendants, and file this Notice of Accelerated Appeal, and in support thereof, would
respectfully show the Court the following:
1. Defendants, ELIZABETH KING, M.D., and NORTHEAST OB/GYN
ASSOCIATES, P.L.L.C., filed a Motion to Dismiss Plaintiff’s medical malpractice case pursuant
to TEX. CIV. PRAC. & REM. CODE §74.351.
2. On July 16, 2015, the Court granted Plaintiff a 30-day to extension pursuant to
§74.351(c) to cure deficiencies in her expert report.
3. Plaintiff file a report from the same expert on July 30, 2015.
4. Defendants, ELIZABETH KING, M.D., and NORTHEAST OB/GYN
ASSOCIATES, P.L.L.C., filed a Second Motion to Dismiss pursuant to TEX. CIV. PRAC. & REM.
CODE §74.351 on August 17, 2015.
5. On November 2, 2015, the Court denied Defendants, ELIZABETH KING, M.D.,
and NORTHEAST OB/GYN ASSOCIATES, P.L.L.C.’s Second Motion to Dismiss.
6. Pursuant to TEX. CIV. PRAC. & REM. CODE §51.014(a)(9), Defendants bring this
interlocutory appeal of the Court’s November 2, 2015 Order denying their Chapter 74 Motion to
Dismiss.
7. Defendants desire to appeal the Court’s ruling. Defendants hereby appeal the
Court’s ruling to the 4th Court of Appeals in San Antonio, Texas.
8. This appeal is accelerated pursuant to TEX. R. APP. P. 28.1. Further,
commencement of the trial of this case is stayed pursuant to TEX. CIV. PRAC. & REM. CODE
§51.014(b).
9. This Notice of Appeal has been filed within twenty (20) days of the Court signing
the Order denying Defendants’ Motion to Dismiss and is, therefore, timely for purposes of
accelerating this appeal.
10. All counsel of record are being provided with copies of this Notice.
Respectfully submitted,
UZICK & ONCKEN, P.C.
By: ____________________________________
J. Kevin Oncken
State Bar No. 15280050
Roger A. Berger
State Bar No. 02192400
238 Westcott
Houston, Texas 77007
Tel: 713-869-2900
Fax: 713-869-6699
Email: kevin@unolaw.com
Email: rberger@uzickoncken.com
ATTORNEYS FOR DEFENDANTS,
ELIZABETH KING, M.D., and NORTHEAST
OB/GYN ASSOCIATES, P.L.L.C.
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing Defendants’ Notice of
Accelerated Appeal has been forwarded to Plaintiff’s counsel of record by facsimile transmission
on this the 23rd day of November, 2015.
__________________________________________
Roger A. Berger
Defendants’ Notice of Accelerated Appeal
Page 3
REQUEST NO. 18
REQUEST NO. 19
CAUSE NO. 2014-CI-17290
HOPE KELLEY § IN THE DISTRICT COURT
§
§
v. §
224™ JUDICIAL DISTRICT
ELIZABETH KING, M.D. AND §
NORTHEAST OB/GYN ASSOCIATES, §
PLLC § BEXAR COUNTY, TEXAS
ORDER DENYING DEFENDANTS' SECOND MOTION TO
DISMISS PURSUANT TO CHAPTER 74.351
BE IT REMEMBERED that on the 13th day of October, 2015, came on to be heard Defendants',
Elizabeth King, M.D. and Northeast OB/GYN Associates, P.L.L.C., Second Motion to Dismiss Pursuant to
Chapter 74.3 51, and the Court, having considered the objections and motion, along with Plaintiff's response and
the arguments and testimony of counsel, is of the opinion that Defendants' motion should be denied.
It is therefore, ORDERED, ADJUDGED and DECREED that Defendants', Elizabeth King, M.D. and
Northeast OB/GYN Associates, P.L.L.C., Second Motion to Dismiss Pursuant to Chapter 74.351 is, in all things,
DENIED.
SIGNED this -
NOV 2 2015
- - day of'- - - - - -, 2015.
M\ch ae\ E. Mei'/\
Presiding Judge ·.
37th District court
..., "> )( 'iH c ounty. Texas
HONORABLE MICHAEL MERY
APPROVED AS TO FORM:
LAW OFFICE OF HOW ARD E. DAVIS, P.C. UZICK & ONCKEN, P.C.
By:
~Davis
/fi L _ By: d)£2_'1_
-~-J._K_e_v-in_O_,,__k,.,,.e~n-o~z-r~9~2-y_u_o_ _ _
State Bar No. 05497500 State Bar No. 15280050
6655 First Park Ten Blvd., Suite 250 238 Westcott
San Antonio, Texas 78213 Houston, Texas 77007
Telephone: (210) 738-8080 Telephone: (713) 869-2900
Facsimile: (210) 738-8088 Facsimile: (713) 869-6699
e-mail: irish-x@att.net e-mail: kevin@unolaw.com
ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANTS