Linda Lewis, Jeraline Green, Laura Roberts, Ruby Anthony, Kathy Redeo, Raymond Green, and Johnnie Green v. Select Medical Corporation, Select Medical Corporation CEO David Chernow, Executive Chairman Robert Ortenzio, Vice Chairman Rocco A. Ortenzio, Select Specialty Hospital South Dallas and Dr. Adolphus Gist
DISMISS and Opinion Filed August 4, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00298-CV
LINDA LEWIS AND LAURA ROBERTS, Appellants
V.
SELECT MEDICAL CORPORATION, SELECT MEDICAL CORPORATION CEO
DAVID CHERNOW, EXECUTIVE CHAIRMAN ROBERT ORTENZIO, VICE
CHAIRMAN ROCCO A. ORTENZIO, SELECT SPECIALTY HOSPITAL SOUTH
DALLAS, AND DR. ADOLPHUS GIST, Appellees
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-16-06056-C
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Chief Justice Wright
This Court questioned its jurisdiction over this appeal because there did not appear to be
a final judgment or other appealable order. We instructed appellants to file a letter brief
addressing our concern and gave appellees an opportunity to respond.
Generally, this Court has jurisdiction only over appeals from final judgments and certain
interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,
195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id.
Appellants appeal from the trial court’s March 20, 2017 partial summary judgment. That
judgment disposes of the plaintiffs’ claims against only defendants Select Medical Corporation
and Select Specialty Hospital South Dallas. Plaintiffs’ claims against defendants David
Chernow, Robert Ortenzio, Rocco A. Ortenzio, and Dr. Adolphus Gist remain pending.
Appellant Linda Lewis filed a letter brief in which she asks this Court for permission to
appeal the interlocutory order. There is no statutory authority allowing an appeal of an
interlocutory order granting partial summary judgment. See TEX. CIV. PRAC. & REM. CODE ANN.
§ 51.014(1)-(13) (West Supp. 2016). Accordingly, we dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
170298F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LINDA LEWIS AND On Appeal from the County Court at Law
LAURA ROBERTS, Appellants No. 3, Dallas County, Texas
Trial Court Cause No. CC-16-06056-C.
No. 05-17-00298-CV V. Opinion delivered by Chief Justice Wright.
Justices Francis and Stoddart participating.
SELECT MEDICAL CORPORATION,
SELECT MEDICAL CORPORATION CEO
DAVID CHERNOW, EXECUTIVE
CHAIRMAN ROBERT ORTENZIO, VICE
CHAIRMAN ROCCO A. ORTENZIO,
SELECT SPECIALTY HOSPITAL SOUTH
DALLAS AND DR. ADOLPHUS GIST,
Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees, SELECT MEDICAL CORPORATION, SELECT
MEDICAL CORPORATION CEO DAVID CHERNOW, EXECUTIVE CHAIRMAN ROBERT
ORTENZIO, VICE CHAIRMAN ROCCO A. ORTENZIO, SELECT SPECIALTY HOSPITAL
SOUTH DALLAS AND DR. ADOLPHUS GIST recover their costs of this appeal from
appellants LINDA LEWIS AND LAURA ROBERTS.
Judgment entered August 4, 2017.
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