Klein, M.D. and BCM v. Hernandez (Tex.App.- Houston [1st Dist.] Aug. 3, 2007)

Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the Parent and Next Friend of N.H., A Minor, No (Tex.App.- Houston [1st Dist.] August 3, 2007)(Opinion by Justice Taft)( (Before Justices Taft, Jennings and Alcala)
Appeal from 152nd District Court of Harris County
Trial court judge: Hon. Kenneth P. Wise

O P I N I O N

Appellants, Baylor College of Medicine (“Baylor”) and Geoffrey Klein (together, “appellants”), appeal the trial court’s two interlocutory orders denying their joint motions for summary judgment and their joint pleas to the jurisdiction. We determine (1) whether we have jurisdiction over Baylor’s appeal in whole or in part; (2) assuming that the answer to (1) is in the affirmative, whether Baylor’s summary-judgment motions had become moot before the trial court denied them; (3) whether we have jurisdiction over Klein’s appeal in whole or in part; and (4) assuming that the answer to (3) is in the affirmative, whether the trial court erred by denying summary judgment for Klein on the basis of immunity from liability under Texas Health and Safety Code sections 312.006 or 312.007. See Tex. Health & Safety Code Ann. §§ 312.006, 312.007 (Vernon 2001). We rule as follows:

●we dismiss Baylor’s appeal of the order denying its jurisdictional pleas;

●we vacate that portion of the trial court’s separate summary-judgment order that denied Baylor’s summary-judgment motions;

●we dismiss Klein’s appeal from the order denying his jurisdictional pleas and from the order denying his summary-judgment motions to the extent that those motions asserted what Klein alleged to have been jurisdictional grounds; and

●we affirm the order denying summary judgment to the extent that the order denied that part of Klein’s summary-judgment motions that asserted individual immunity from liability.

* * * [body of opinion omitted]

Conclusion

We dismiss Baylor’s appeal of the order denying its jurisdictional pleas. We vacate that portion of the trial court’s separate order denying Baylor’s summary-judgment motions. We dismiss Klein’s appeal from the order denying his jurisdictional pleas and from the order denying his summary-judgment motions to the extent that those motions asserted what Klein alleged to have been jurisdictional grounds. We affirm the order denying summary judgment to the extent that the order denied that part of Klein’s summary-judgment motions that asserted immunity from individual liability.

Tim Taft
Justice
Panel consists of Justices Taft, Jennings, and Alcala.