Daniel L. Foster, D.O. v. Mary Richardson--Appeal from 17th District Court of Tarrant County
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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-216-CV
DANIEL L. FOSTER, D.O. AND
ANGELO L. OTERO, M.D.
APPELLANTS
V.
MARY RICHARDSON
APPELLEE
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FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
-----------Appellant Angelo L. Otero, M.D. attempted to appeal from an order
denying his motion to dismiss and granting a thirty-day extension to Appellee
Mary Richardson to allow her the opportunity to cure deficiencies in her expert
report. On July 27, 2009, we notified the parties that it appeared that this
court might lack jurisdiction over Otero’s attempted appeal because the order
1
… See Tex. R. App. P. 47.4.
at issue did not appear to be an appealable interlocutory order. Our letter also
stated that unless Otero or any party desiring to continue Otero’s appeal filed,
on or before August 6, 2009, a response showing grounds for continuing the
appeal, this attempted appeal would be dismissed for want of jurisdiction. See
Tex. R. App. P. 42.3(a), 44.3; see also Tex. Civ. Prac. & Rem. Code Ann.
§ 51.014(a)(9) (Vernon 2008) (stating that an appeal may not be taken from
an order granting an extension under section 74.351).
On August 6, 2009, Otero filed a motion to dismiss his appeal, agreeing
that his interlocutory appeal appeared to be premature and requesting that this
court dismiss his pending interlocutory appeal. We grant his motion, and we
dismiss Otero’s appeal for want of jurisdiction. See Tex. R. App. P. 42.1(a)(1),
42.3(a), 43.2(f).
This case shall hereafter be styled “Daniel L. Foster, D.O. v. Mary
Richardson.”
PER CURIAM
PANEL: MCCOY, J.; CAYCE, C.J.; and MEIER, J.
DELIVERED: August 20, 2009
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