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Oluwatosin L. Ajao M.D. v. Allison Turner Hall
Citation: Not availableDocket: 14-21-00123-CV
Court: Court of Appeals of Texas; August 2, 2022; Texas; State Appellate Court
Original Court Document: View Document
Affirmed as modified, the appeal involves Oluwatosin L. Ajao, M.D. as the appellant against Allison Turner Hall, the appellee, stemming from the 239th District Court of Brazoria County, Texas. The case centers on an interlocutory appeal regarding a motion to dismiss claims of medical negligence, which was denied on the basis that the appellee failed to serve the physician with an expert report before the statutory deadline as mandated by Texas Civil Practice and Remedies Code Ann. § 74.351. The dissenting opinion notes that the order denying the motion was signed on an unspecified date in August 2020, and the notice of appeal was filed on February 22, 2021, which is deemed untimely according to Texas Rules of Appellate Procedure § 26.1(b). The dissent argues for an involuntary dismissal due to lack of jurisdiction based on this untimeliness. Justice Charles A. Spain expresses dissent from the majority opinion, which includes Chief Justice Christopher and Justice Bourliot.