CAUSE NO. 2014-CI-17290

HOPE KELLEY § IN THE DISTRICT COURT OF

Plaintiff, §

§

v. § BEXAR COUNTY, TEXAS

§

ELIZABETH KING, M.D., and §

NORTHEAST OB/GYN §

ASSOCIATES, P.L.L.C. §

Defendants. § 224TH JUDICIAL DISTRICT

DEFENDANTS’ NOTICE OF ACCELERATED APPEAL

TO THE HONORABEL JUDGE OF SAID COURT:

COME NOW, ELIZABETH KING, M.D., and NORTHEAST OB/GYN ASSOCIATES, 

P.L.L.C., Defendants, and file this Notice of Accelerated Appeal, and in support thereof, would 

respectfully show the Court the following: 

 1. Defendants, ELIZABETH KING, M.D., and NORTHEAST OB/GYN 

ASSOCIATES, P.L.L.C., filed a Motion to Dismiss Plaintiff’s medical malpractice case pursuant 

to TEX. CIV. PRAC. & REM. CODE §74.351. 

 2. On July 16, 2015, the Court granted Plaintiff a 30-day to extension pursuant to 

§74.351(c) to cure deficiencies in her expert report.

 3. Plaintiff file a report from the same expert on July 30, 2015. 

 4. Defendants, ELIZABETH KING, M.D., and NORTHEAST OB/GYN 

ASSOCIATES, P.L.L.C., filed a Second Motion to Dismiss pursuant to TEX. CIV. PRAC. & REM.

CODE §74.351 on August 17, 2015. 

 5. On November 2, 2015, the Court denied Defendants, ELIZABETH KING, M.D., 

and NORTHEAST OB/GYN ASSOCIATES, P.L.L.C.’s Second Motion to Dismiss. 

FILED

11/23/2015 4:56:31 PM

Donna Kay McKinney

Bexar County District Clerk

Accepted By: Brenda Carrillo

ACCEPTED

04-15-00747-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

12/3/2015 1:09:46 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 12/3/2015 1:09:46 PM KEITH E. HOTTLE Clerk
6. Pursuant to TEX. CIV. PRAC. & REM. CODE §51.014(a)(9), Defendants bring this 

interlocutory appeal of the Court’s November 2, 2015 Order denying their Chapter 74 Motion to 

Dismiss.

7. Defendants desire to appeal the Court’s ruling. Defendants hereby appeal the 

Court’s ruling to the 4th Court of Appeals in San Antonio, Texas.

8. This appeal is accelerated pursuant to TEX. R. APP. P. 28.1. Further, 

commencement of the trial of this case is stayed pursuant to TEX. CIV. PRAC. & REM. CODE

§51.014(b).

9. This Notice of Appeal has been filed within twenty (20) days of the Court signing 

the Order denying Defendants’ Motion to Dismiss and is, therefore, timely for purposes of 

accelerating this appeal.

10. All counsel of record are being provided with copies of this Notice.

Respectfully submitted,

UZICK & ONCKEN, P.C.

By: ____________________________________

J. Kevin Oncken

State Bar No. 15280050

Roger A. Berger

State Bar No. 02192400

238 Westcott

Houston, Texas 77007

Tel: 713-869-2900

Fax: 713-869-6699

Email: kevin@unolaw.com

Email: rberger@uzickoncken.com

ATTORNEYS FOR DEFENDANTS,

ELIZABETH KING, M.D., and NORTHEAST 

OB/GYN ASSOCIATES, P.L.L.C.
Defendants’ Notice of Accelerated Appeal

Page 3

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing Defendants’ Notice of 

Accelerated Appeal has been forwarded to Plaintiff’s counsel of record by facsimile transmission 

on this the 23rd day of November, 2015.

__________________________________________

Roger A. Berger
REQUEST NO. 18







REQUEST NO. 19



CAUSE NO. 2014-CI-17290 

HOPE KELLEY 

v. 

ELIZABETH KING, M.D. AND 

NORTHEAST OB/GYN ASSOCIATES, 

PLLC 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT 

224TM JUDICIAL DISTRICT 

BEXAR COUNTY, TEXAS 

ORDER DENYING DEFENDANTS' SECOND MOTION TO 

DISMISS PURSUANT TO CHAPTER 74.351 

BE IT REMEMBERED that on the 13th day of October, 2015, came on to be heard Defendants', 

Elizabeth King, M.D. and Northeast OB/GYN Associates, P.L.L.C., Second Motion to Dismiss Pursuant to 

Chapter 74.3 51, and the Court, having considered the objections and motion, along with Plaintiff's response and 

the arguments and testimony of counsel, is of the opinion that Defendants' motion should be denied. 

It is therefore, ORDERED, ADJUDGED and DECREED that Defendants', Elizabeth King, M.D. and 

Northeast OB/GYN Associates, P.L.L.C., Second Motion to Dismiss Pursuant to Chapter 74.351 is, in all things, 

DENIED. 

NOV 2 2015 SIGNED this day of' , 2015. - -- ------

APPROVED AS TO FORM: 

LAW OFFICE OF HOW ARD E. DAVIS, P.C. 

By: /fiL_ ~Davis State Bar No. 05497500 

6655 First Park Ten Blvd., Suite 250 

San Antonio, Texas 78213 

Telephone: (210) 738-8080 

Facsimile: (210) 738-8088 

e-mail: irish-x@att.net 

ATTORNEY FOR PLAINTIFF 

M \ch a e \ E. Mei'/\ 

Presiding Judge ·. 

37th District court ..., "> )('iH c ounty. Texas 

HONORABLE MICHAEL MERY 

UZICK & ONCKEN, P.C. 

By: d)£2_'1_ -~-J._K_e_v-in_O_,,__k,.,,.e~n-o~z-r~9~2-y_u_o _ _ _ 

State Bar No. 15280050 

238 Westcott 

Houston, Texas 77007 

Telephone: (713) 869-2900 

Facsimile: (713) 869-6699 

e-mail: kevin@unolaw.com 

ATTORNEY FOR DEFENDANTS