David A. McFarling, M.D. v. Kimberly Gilmore

• Court: Court of Appeals of Texas
• Decided: September 25, 2014
• Docket: 13-14-00256-CV
• Status: Published

Opinion

NUMBER 13-14-00256-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

DAVID A. MCFARLING, M.D., Appellant,

v.

KIMBERLY GILMORE, Appellee. ____________________________________________________________

On Appeal from the County Court at Law No. 2 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant, David A. McFarling, M.D., perfected an appeal from a judgment entered

by the County Court at Law No. 2 of Nueces County, Texas, in cause number

2013CCV61162-2. Appellant has filed an unopposed amended motion to dismiss the

appeal on grounds the parties have attended mediation and reached an agreement that fully and finally disposed of all issues in the underlying lawsuit from which this appeal

arises. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant’s unopposed

amended motion to dismiss the appeal, is of the opinion that the motion should be

granted. See TEX. R. APP. P. 42.1(a). Appellant’s amended motion to dismiss is

granted, and the appeal is hereby DISMISSED. Costs will be taxed against appellant.

See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs

against the appellant."). Having dismissed the appeal at appellant’s request, no motion

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

PER CURIAM

Delivered and filed the 25th day of September, 2014.