Bay Area Healthcare Group, Ltd., D/B/A Corpus Christi Medical Center - Bay Area v. Freddie A. Cook, Jr. and Jason Cook, Individually and as Representatives of the Estate of Freddie Allen Cook, Sr.

• Court: Court of Appeals of Texas
• Decided: March 22, 2007
• Docket: 13-06-00682-CV
• Status: Published

Opinion

NUMBER 13-06-682-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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BAY AREA HEALTHCARE GROUP, LTD. D/B/A

CORPUS CHRISTI MEDICAL CENTER - BAY AREA, Appellant,

v.

FREDDIE A. COOK, JR., ET AL., Appellees.

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On appeal from the 347th District Court of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Benavides

Memorandum Opinion Per Curiam

Appellant, BAY AREA HEALTHCARE GROUP, LTD. D/B/A CORPUS CHRISTI MEDICAL CENTER - BAY AREA ("the Hospital"), perfected an appeal from a judgment entered by the 347th District Court of Nueces County, Texas, in cause number 05-03016-H. After the record and appellant's brief were filed, the parties filed an agreed motion to dismiss the appeal. In the motion, the parties state that they have reached a full and final settlement in this matter which renders moot the issues on appeal. The parties request that this Court vacate the trial court's interlocutory order denying the Hospital's motion to dismiss, without regard to the merits, and dismiss the entire case with prejudice based upon the settlement between the parties. The parties further request that costs be taxed against the party incurring same.

The Court, having considered the documents on file and the parties' agreed motion, is of the opinion that the motion should be granted. The agreed motion to dismiss is GRANTED. In accordance with the parties' settlement agreement, the trial court's interlocutory order denying the Hospital's motion to dismiss is VACATED, without regard to the merits, and the entire case is DISMISSED without prejudice.

PER CURIAM

Memorandum Opinion delivered and filed this

the 22nd day of March, 2007.