Scoresby v. Santillan

In these accelerated, interlocutory appeals, Appellants Tyler Scoresby, M.D. and Yadranko Ducic, M.D. (collectively, "Appellants") appeal the trial courts order denying their motions to dismiss the health care liability claims of Appellee Catarino Santillan, individually and as next friend of Samuel Santillan, a minor. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(9) (Vernon 2008). In three issues, Dr. Scoresby argues that the trial court had no discretion but to dismiss Santillans health care liability claims because Santillans tendered civil practice and remedies code section 74.351(a) expert report is so woefully deficient as to constitute "no report" and because Santillan did not serve a curriculum vitae of the expert who authored the report before the 120-day statutory deadline had expired. See id. § 74.351(a), (b) (Vernon Supp. 2008). Dr. Ducic raises the same arguments in three issues, additionally specifically contending that the trial court abused its discretion by granting Santillan a section 74.351(c) thirty-day extension. We dismiss both appeals for want of jurisdiction.