Narrative Opinion Summary
The case involves an accelerated appeal filed by Methodist Hospitals of Dallas, operating as Methodist Charlton Medical Center, in response to an order denying their Motion to Dismiss in a lawsuit brought by Janice Winn, individually and on behalf of Doris Hunt. The order in question was issued by the 95th District Court of Dallas County, Texas. The appeal has been directed to the Fifth Court of Appeals of Dallas, which has the jurisdiction to review such matters. The defendant has complied with necessary procedural requirements by filing a Notice of Accelerated Appeal, serving it to the appropriate court, and ensuring payment of the requisite filing fees. The appeal documentation was meticulously prepared, with a Certificate of Service confirming the distribution of copies to all legal representatives involved. The case highlights the procedural aspects of appellate practice, focusing on the timely and accurate execution of an accelerated appeal process, with the outcome pending review by the appellate court.
Legal Issues Addressed
Certificate of Servicesubscribe to see similar legal issues
Application: The filing includes a Certificate of Service, confirming that copies were provided to all attorneys of record.
Reasoning: The document is signed by Brandon Kulwicki of Stewart, Courington, Dugger, Dean, PLLC, and includes a Certificate of Service indicating that copies have been sent to all attorneys of record via certified mail and other methods.
Jurisdiction of Appellate Courtssubscribe to see similar legal issues
Application: The Fifth Court of Appeals of Dallas, Texas, holds jurisdiction over the appeal filed by the defendant.
Reasoning: The appeal is directed to the Fifth Court of Appeals of Dallas, Texas, which has jurisdiction over such matters.
Notice of Accelerated Appealsubscribe to see similar legal issues
Application: The defendant filed a Notice of Accelerated Appeal to challenge an order issued by the district court.
Reasoning: Defendant Methodist Hospitals of Dallas, also known as Methodist Health System, operating as Methodist Charlton Medical Center, filed a Notice of Accelerated Appeal concerning an Order issued by Judge Ken Molberg in the 95th District Court of Dallas County, Texas, on June 21, 2015.
Procedural Requirements for Appealsubscribe to see similar legal issues
Application: The defendant has complied with procedural requirements by serving the Notice of Accelerated Appeal and submitting the necessary filing fees.
Reasoning: The Defendant intends to serve the Notice of Accelerated Appeal to the clerk of the Dallas Court of Appeals and will submit the required appeal filing fees.