Mueller v. Saravia

We consider whether a motion for new trial, filed under the original cause number rather than the severed cause number, is sufficient to perfect appeal and avoid dismissal.

Jolene Mueller brought a medical malpractice action against Dr. Jorge A. Sara-via and Reveo Discount Drug Centers. Her action was filed under cause number 90-CI-11255. On February 11, 1991, the trial court rendered a take-nothing summary judgment in favor of Saravia. In that same judgment, Mueller’s claims against Saravia were severed and assigned a new cause number, 90-CI-11255A. On February 26, 1991, a take-nothing…