Roberto Diaz-Rohena, M.D. v. Cynthia S. Melton--Appeal from 236th District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-315-CV

ROBERTO DIAZ-ROHENA, M.D. APPELLANT

V.

CYNTHIA S. MELTON APPELLEE

------------

FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY

------------

MEMORANDUM OPINION[1]

------------

Appellant Roberto Diaz-Rohena, M.D. attempts to appeal from the trial court=s denial of his motion to dismiss with prejudice the claims of Appellee Cynthia S. Melton. Appellant=s trial-court motion to dismiss had alleged that Appellee=s expert report was not legally sufficient and did not meet the statutory good faith requirement under Texas Civil Practices and Remedies Code section 74.351.[2] Appellee filed a motion to dismiss this appeal for want of jurisdiction, and Appellant filed a response.

This court recently held that we lacked jurisdiction over an interlocutory appeal of an order denying a motion to dismiss based on the inadequacies of a section 74.351 expert report because such an order is not appealable under Texas Civil Practice and Remedies Code section 51.014 and no other statute gives us jurisdiction.[3] Accordingly, we have no jurisdiction over this appeal. Therefore, we grant Appellee=s motion and dismiss this appeal for want of jurisdiction.

ANNE GARDNER

JUSTICE

PANEL B: HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: January 25, 2007

[1]See Tex. R. App. P. 47.4.

[2]Tex. Civ. Prac. & Rem. Code Ann. '74.351 (Vernon Supp. 2006).

[3]Jain v. Stafford, No. 2-06-00250-CV, 2006 WL 3627140, at *2 (Tex. App.CFort Worth Dec. 14, 2006, no pet. h.); see also Tex. Civ. Prac. & Rem. Code Ann. ' 51.014 (Vernon Supp. 2006).