Thompson v. Beyer

Appellant Lloyd G. Thompson, M.D., sued Chester W. Beyer, M.D., and others for medical malpractice. Beyer filed a motion to dismiss and to award costs and attorneys fees. On January 26, 2001, the trial court granted Beyers motion and ordered that Thompsons claims against Beyer be dismissed with prejudice. The dismissal order also expressly awarded Beyer his attorneys fees, but was silent as to costs. Beyer filed a motion to sever "so that he may have finality" of the claim. On April 24, 2001, the trial court signed a severance order, severing Thompsons claims against Beyer into this cause. Almost four months later, on August 17, 2001, the trial court signed a document entitled "final judgment" purporting to enter a take-nothing judgment against Thompson and to award attorneys fees and costs to Beyer. On September 17, 2001, Thompson filed a notice of appeal.