Covenant Hospital Plainview F/K/A Methodist Hospital Plainview v. Brian Carty

• Court: Court of Appeals of Texas
• Decided: April 6, 2005
• Docket: 07-02-00508-CV
• Status: Published

Opinion

NO. 07-02-0508-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

APRIL 6, 2005 ______________________________

COVENANT HOSPITAL PLAINVIEW FKA METHODIST HOSPITAL PLAINVIEW,

Appellant

v.

BRIAN CARTY,

Appellee _________________________________

FROM THE 242nd DISTRICT COURT OF HALE COUNTY;

NO. B31197-0011; HON. EDWARD B. NOBLES, PRESIDING _______________________________

On Motion to Dismiss _______________________________

Before QUINN, REAVIS and CAMPBELL, JJ.

The appellant, Covenant Hospital Plainview, fka Methodist Hospital Plainview, has

moved the court, via letter sent by its counsel of record, to dismiss this appeal because the

debts of Brian Carty, appellee, were discharged in bankruptcy. Thus, the hospital allegedly

cannot further prosecute its claim against him. Without passing on the merits of the case,

we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for

rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Justice