Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Eva Guzman, Justice Debra Lehrmann
Rusk State Hospital v. Dennis Black and Pam Black
from Cherokee County and the 12th District Court of Appeals, Tyler
For petitioner: Michael Murphy, Austin
For respondents: Dennis Black, Tyler
A principal issue is whether sovereign immunity may be raised in an interlocutory appeal from a trial court order that did not address subject-matter jurisdictional challenges that were not presented to the trial court. In this case the Blacks sued Rusk State Hospital over their sonís suicide and filed expert reports required to establish a health-care liability claim. The state appealed from the trial courtís order denying its challenge to the reportsí adequacy and added in that interlocutory appeal its initial argument that the suit should be dismissed on immunity grounds. The court of appeals addressed the stateís expert-reports challenge, but held that Civil Practice and Remedies Code section 51.014(a)(8), permitting interlocutory appeal for certain issues, does not authorize such an appeal on claims that have not been considered by the trial court.
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Texas Supreme Court advisory
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