Villafani v. Trejo

After the plaintiff in this medical malpractice action nonsuited her claims, the defendant appealed the trial court’s denial of his motion for sanctions pursuant to the Medical Liability Insurance Improvement Act (MLIIA). 1 A divided court of appeals dismissed the appeal for lack of jurisdiction. — S.W.3d-,-. We consider whether the trial court’s denial of the sanctions motion was appealable after the plaintiffs nonsuit. We conclude that it was, and therefore the appeal was within the court of appeals’ jurisdiction. We reverse and remand to the court of appeals for further proceedings…