Oluwatosin L. Ajao M.D. v. Allison Turner Hall Appeal from 239th District Court of Brazoria County (dissenting opinion)

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Affirmed as Modified and Opinion and Dissenting Opinion filed August 2, 2022. In The Fourteenth Court of Appeals NO. 14-21-00123-CV OLUWATOSIN L. AJAO, M.D., Appellant V. ALLISON TURNER HALL, Appellee On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 104488-CV DISSENTING OPINION This is an attempted interlocutory appeal from the denial of a motion to dismiss claims of medical negligence on the ground that the former patient did not serve the physician with an expert report before the statutory deadline. Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(9); see Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a). The clerk’s record contains the order denying the motion with the following date and signature: The clerk’s record also contains the notice of appeal: Based on the unambiguous plain language of the order in the clerk’s record, the notice of appeal is untimely. See Tex. R. App. P. 26.1(b). This court should give notice of an involuntary dismissal for want of jurisdiction. Tex. R. App. P. 42.3(a). 2 I respectfully dissent. /s/ Charles A. Spain Justice Panel consists of Chief Justice Christopher and Justices Bourliot and Spain (Christopher, C.J., majority). 3

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