MILLER v. METRO HEALTH FOUNDATION

No. 96-1263.

968 S.W.2d 337 (1998)

Sue MILLER, et al., Petitioners, v. METRO HEALTH FOUNDATION, d/b/a Oak Brook Health Care Center, Inc., Respondent.

Supreme Court of Texas.

Rehearing Overruled July 3, 1998.


Attorney(s) appearing for the Case

Reid William Martin, Tyler, for Petitioner.

Mark M. Donheiser, Arlene M. Jones, Dallas, for Respondent.


HECHT, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, GONZALEZ, SPECTOR and OWEN, Justices, join.

Petitioner timely perfected her appeal, but the transcript was filed two days late, and petitioner did not file a motion to extend the time for filing the transcript within the fifteen-day period prescribed by former Rule 54(c), Tex.R.App. P. Consequently, the court of appeals dismissed the appeal for want of jurisdiction. In Verburgt...

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