Dallas County Hospital District d/b/a Parkland Health & Hospital System v. Della Mae Williams Appeal from 134th Judicial District Court of Dallas County (memorandum opinion by schenck)

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Dismiss and Opinion Filed December 30, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00760-CV DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH & HOSPITAL SYSTEM, Appellant V. DELLA MAE WILLIAMS, Appellee On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-18710 MEMORANDUM OPINION Before Justices Whitehill, Schenck, and Browning Opinion by Justice Schenck Appellant appeals from the trial court’s interlocutory order denying its motion to dismiss appellee’s healthcare liability claims for failure to file an expert report. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 51.014(a)(9), 74.351. Before the Court is appellant’s status report informing the Court that appellee has filed a notice of nonsuit of her claims and the trial court has signed an order of nonsuit. Because appellee has nonsuited her claims, appellant seeks dismissal of this appeal as moot. See Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010) (holding that after non-suit in the trial court, “there was no live controversy for the court of appeals to decide”). We construe appellant’s status report as a motion to dismiss, grant the motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). /David J. Schenck/ DAVID J. SCHENCK JUSTICE 200760F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH & HOSPITAL SYSTEM, Appellant No. 05-20-00760-CV On Appeal from the 134th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-19-18710. Opinion delivered by Justice Schenck. Justices Whitehill and Browning participating. V. DELLA MAE WILLIAMS, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that the parties bear their own costs of this appeal. Judgment entered this 30th day of December, 2020. –3–

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