Joan Capps v. Nexion Health at Southwood, Inc., d/b/a Southwood Nursing & Rehabilitation Center, Nexion Health, Inc., and Nexion Health Management, Inc.--Appeal from 4th District Court of Rusk County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00114-CV ______________________________ JOAN CAPPS, Appellant V. NEXION HEALTH AT SOUTHWOOD, INC., D/B/A SOUTHWOOD NURSING & REHABILITATION CENTER, NEXION HEALTH, INC., AND NEXION HEALTH MANAGEMENT, INC., Appellees On Appeal from the 4th Judicial District Court Rusk County, Texas Trial Court No. 2007-207 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION Joan Capps, plaintiff below, filed a notice of appeal with this Court appealing the trial court s final judgment in trial court cause number 2007-207. Defendants below, Nexion Health at Southwood, Inc., d/b/a Southwood Nursing & Rehabilitation Center, Nexion Health, Inc., and Nexion Health Management, Inc., filed their notice of appeal from that same final judgment with the Tyler Court of Appeals. This Court and the Tyler Court of Appeals share common jurisdiction over Rusk County, and appeals from that county may be filed in either the Sixth Court of Appeals at Texarkana or the Twelfth Court of Appeals at Tyler. TEX. GOV T CODE ANN. § 22.201 (Vernon Supp. 2009). Because notices of appeal were filed in both this Court and the Tyler Court, and because the parties were unable to agree on which court would handle the appeal, a drawing was held by the Rusk County District Clerk s Office. TEX. R. JUD. ADMIN. 15.4, reprinted in TEX. GOV T CODE ANN. tit. 2, subtit. F. app. (Vernon Supp. 2009). As a result of that drawing, these appeals have been consolidated, and the Tyler court was selected as the court to handle these appeals, thereby vesting sole jurisdiction in that court. 2 We therefore dismiss this appeal for want of jurisdiction. Jack Carter Justice Date Submitted: Date Decided: January 28, 2010 January 29, 2010 3

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