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Interlocutory Appeal Law
 
Susanna Hinojosa Rodriguez v. Christus Spohn Health System Corporation

Appellants CHRISTUS Spohn Health System Corp., CHRISTUS Spohn Health System Corp. d/b/a CHRISTUS Spohn Hospital Corpus Christi–Memorial, and CHRISTUS Health (collectively “CHRISTUS”) appeal the district court’s denial of their Rule 12(b)(1) motion to dismiss Appellee Susanna Hinojosa Rodriguez’s state law claims based on government immunity. The primary issue on appeal is whether Rodrigu... More...   $0 (12-23-2010 - TX)

Janel Orgavanyi v. Henry County Health Center

This appeal presents the question whether a nurse‟s incident report to a hospital risk manager is covered by Iowa‟s statutory peer review privilege. See Iowa Code § 147.135 (2007). Because we conclude that it is not, at least where the evidence does not establish the report is in the hands of a peer review committee or an employee thereof, we affirm the decision below.

I. Factual and P... More...
   $0 (12-22-2010 - IA)

Donald R. Davis, M.D. v. Alysa Baker

Appellee Alysa Baker filed suit against appellant Donald R. Davis, M.D., alleging health-care liability claims arising from a surgical procedure he performed on her hand in August 2007. Davis sought dismissal of the suit under chapter 74 of the civil practice and remedies code, based on Baker's alleged failure to timely file and serve the medical expert report required by that chapter. See Tex. Ci... More...   $0 (12-22-2010 - TX)

Roma Independent School District, et al v. Roel Gonzalez and Thelma Gonzalez

Roel and Thelma Gonzalez (“the Gonzalezes”) sued Roma Independent School District (“RISD”) to recover for the injuries they sustained during an automobile collision allegedly caused by a RISD school bus. The trial court denied RISD’s plea to the jurisdiction and this appeal followed. RISD challenges the denial of its plea to the jurisdiction on the ground that the Gonzalezes failed to ... More...   $0 (12-22-2010 - TX)

Atlas Gulf-Coast, Inc., d/b/a Atlas Foundation Repair Company v. Robert E. Stanford and Dorothy Stanford

Appellant Atlas Gulf-Coast, Inc., d/b/a Atlas Foundation Repair Company brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration filed against appellees Robert E. Stanford and Dorothy Stanford. We affirm.

The Stanfords hired Atlas to repair the foundation on their home for a total price of $16,910. Unsatisfied with the work, the Stanfords br... More...
   $0 (12-21-2010 - TX)

Hosea Anderson v. John S. Burson

Hosea Anderson and his wife, Bernice Anderson, live at 6534 Frietchie Row, Columbia, Maryland (the “Residence”). In 2006, the Andersons decided to refinance their home. Accordingly, on October 13, 2006, Mr. Anderson signed an “Adjustable Rate Balloon Note” promising to pay the lender, Wilmington Finance, Inc. (“Wilmington”), the amount he had borrowed ($227,250.00), plus interest, in m... More...   $0 (12-20-2010 - MD)

Hitchcock Independent School District v. Doreatha Walker

Appellant Hitchcock Independent School District appeals the trial court’s denial of its plea to the jurisdiction, arguing that appellee Doreatha Walker failed to comply with the statutory prerequisites of the Texas Whistleblower Act. See Tex. Gov’t Code Ann. §§ 554.005–.006 (Vernon 2004). In two issues, HISD contends that the trial court erred in denying its plea to the jurisdiction beca... More...   $0 (12-16-2010 - TX)

Town Hall Estates - Arlington, Inc. v. Lucy Cannon

This is an interlocutory appeal from the trial court’s order denying Appellant Town Hall Estates – Arlington, Inc.’s motion to dismiss Appellee Lucy Cannon’s healthcare liability claims for the alleged failure to timely file an expert report. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a) (Vernon Supp. 2010). Three days before her expert report was required to be served, Cannon nonsui... More...   $0 (12-16-2010 - TX)

Texas Tech University Health Science Center v. Loretta Buford

In this medical malpractice suit, the trial court denied a plea to the jurisdiction filed by Texas Tech University Health Science Center. We reverse and render a judgment of dismissal.

For purposes of the plea to the jurisdiction, the facts do not appear to be disputed. Stefanee Buford[1] entered Medical Center Hospital on April 2, 2006. Ector County Hospital District does business a... More...
   $0 (12-16-2010 - TX)

Zinc Nacional, S.A. v. Bouche Trucking, Inc. v. Jorge Arrellano

Zinc Nacional, S.A. brings this interlocutory appeal from the denial of a special appearance. At issue is whether a Mexican company that trucks its product into the United States at Laredo, Texas for transport to New Mexico may be sued in Texas for negligence in loading the trailer at its facility in Monterrey, Mexico which allegedly caused an accident that injured a Texas driver. In our original ... More...   $0 (12-15-2010 - TX)

Estate of Stephen J. Komninos v. Bancroft Neurohealth, Inc.

On leave granted, we review an interlocutory order denying a motion for partial summary judgment filed by twenty-two defendants in this wrongful death and survival action. In their motion, defendants sought to have the claims against them dismissed pursuant to the Charitable Immunity Act ("the Act"), N.J.S.A. 2A:53A-7. The motion judge denied the application, based upon his perception that genuine... More...   $0 (12-13-2010 - NJ)

Clayton Harmstron v. City of San Francisco

The district court sanctioned police officer Andrew Cohen and attorney Waukeen Q. McCoy (collectively, “Cohen”) in 2007 for violating the court’s discovery protective order. After the district court remanded the case to state court in 2008, and after the state court entered judgment, Cohen appealed the district court’s sanctions order in 2009. We are first asked to decide whether the reman... More...   $0 (12-10-2010 - CA)

Anu F. Adeyemi, M.D. v. Diana Guerrero

This is an interlocutory appeal from the trial court's denial of a motion to dismiss. Anu F. Adeyemi, M.D. contends the trial court abused its discretion in failing to dismiss Diana Guerrero's health care liability claims because her expert reports did not sufficiently address causation and the experts were not qualified to render the opinions given. After reviewing the reports at issue, we conclu... More...   $0 (12-07-2010 - TX)

Peter B. Steiger v. Happy Valley Homeowners Association

[¶1] Peter B. and Sylvia Steiger (the Steigers) owned a tract of land in a subdivision governed by restrictive covenants. The Happy Valley Homeowners Association (the Association) filed a complaint against them alleging that they were violating one of the covenants. The district court granted summary judgment for the Association and the Steigers appealed. This Court reversed the summary judgment ... More...   $0 (12-07-2010 - WY)

Texas Cypress Creek Hospital, L.P. v. Marshelia Hickman

In this accelerated interlocutory appeal, appellant Texas Cypress Creek Hospital, L.P. d/b/a Cypress Creek Hospital (“Cypress Creek”), complains of the trial court’s denial of its motion to dismiss the healthcare-liability claims of appellee Marshelia Hickman, individually and as personal representative of the Estate of Jayme R. Cox, on the grounds that Hickman’s expert reports do not sati... More...   $0 (12-02-2010 - TX)

8100 North Freeway Ltd v. City of Houston

Appellant 8100 North Freeway Ltd. appeals the trial court’s order granting the temporary injunction request of appellee the City of Houston. Because we find that the trial court did not abuse its discretion in issuing the temporary injunction, we affirm.

BACKGROUND

The City regulates sexually oriented businesses (SOBs) and requires them to meet certain criteria to obtain permits, ... More...
   $0 (12-02-2010 - TX)

Stephanie Rodriguez v. Lockheed Martin Corporation

Defendant-appellant General Dynamics Armament and Technical Products, Inc. (“General Dynamics”), seeks to appeal from the district court’s denial of its summary judgment motion in an action arising from the premature explosion of a mortar cartridge manufactured by General Dynamics during an army training exercise in Hawaii.1 The explosion killed Oscar Rodriguez and injured Samuel Oyola-Perez... More...   $0 (11-30-2010 - HI)

Karen Scruggs Simmons v. Texoma Medical Center

Karen Scruggs Simmons, individually and as representative of the Estate of Brandon Scruggs, appeals the trial court's order dismissing her suit, with prejudice, against Texoma Medical Center ("TMC"). We affirm.

BACKGROUND

The following facts are taken from Simmons' original and amended petitions. Having overdosed on the antipsychotic drug, Loxapine, Simmons' son, Brandon Scruggs, was... More...
   $0 (11-30-2010 - TX)

Thomas R. Hutchinson v. Bonnie J. Hahn

Plaintiffs-Appellants Thomas R. Hutchinson and his counsel, Joan Godlove, appeal from the district court’s monetary judgment running jointly and severally against them awarding $73,208.57 and $33,808.57 to various lawyer or law firm defendants as sanctions resulting from the underlying lawsuit. IV Aplt. App. 849- 852. On appeal, they contend that (1) the district court’s sanction order should ... More...   $0 (11-24-2010 - OK)

Harold Hill v. Cordelia Coppleson, personal representative of Michael Rogers

Over a decade after being convicted of sexual assault and homicide, Harold Hill was exonerated by DNA evidence. Hill filed suit against the City of Chicago, a number of its police officers, and Michael Rogers, an assistant state’s attorney, alleging various constitutional violations, including a claim that several detectives and Rogers had coerced him to falsely confess to the crimes in violatio... More...   $0 (11-22-2010 - IL)

Priscilla Tyler v. Hannaford Brothers d/b/a Hannaford Food & Drug

The plaintiff, Priscilla Tyler, appeals an order of the Superior Court (McHugh, J.) applying collateral estoppel to findings made by the New Hampshire Compensation Appeals Board (Board) in a subsequent civil action against the defendant, Hannaford Brothers (Hannaford). We reverse and remand.

The record contains the following facts. On June 27, 2003, while employed by Suray Promotions, Inc. ... More...
   $0 (11-20-2010 - NH)

Camco Construction, Inc. v. Utah Baseball Academy, Inc.

¶1 In this interlocutory appeal, Athletic Performance Institute, L.L.C., Utah Baseball Academy, Inc., and Robert Keyes (collectively, “API”) ask us to overturn the district court’s order, which denied API’s motion to disqualify the district court judge, the Honorable Anthony Quinn, after he was exposed to confidential arbitration materials. Because we conclude that API’s motion to disqu... More...   $0 (11-16-2010 - UT)

John Eugene Youmans v. T.A. Gagnon

This case is about the defense of qualified immunity in situations involving delay in medical care for a pretrial detainee.

Plaintiff-Appellee, a pretrial detainee at the time of these events, was beaten (an occurrence in which Defendant-Appellant took no part) in connection with Plaintiff’s arrest on robbery charges. He alleges that later Defendant, by booking and questioning Plaintiff b... More...
   $0 (11-16-2010 - FL)

Clara Bova v. Schreiber Lumber, Inc.

Clara Bova and Antonio Simeone (“Bova and Simeone”) appeal the trial court‟s judgment order, after a bench trial, on the action brought against Antonio Simeone, d/b/a Simeone Construction by Schreiber Lumber, Inc. (“Schreiber”); Simeone‟s counterclaim; Bova‟s third-party complaint against Schreiber and Dave Beck, d/b/a Beck Construction Co. (“Beck”); and the amended counterclaim ... More...   $0 (11-16-2010 - IN)

Bobette J. Morin v. James Tormey

This interlocutory appeal from the denial of a motion to dismiss primarily concerns an allegation of retaliatory action taken against a state court employee because of her refusal to engage in partisan political activity. Defendants-Appellants James C. Tormey, State Supreme Court Justice and District Administrative Judge for the Fifth Judicial District; Bryan R. Hedges, Judge of the Onondaga Famil... More...   $0 (11-15-2010 - NY)

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