Dean W. Smith, M.D. and Eghtedar Sadeghpour, M.D., Individually, and Derivatively on Behalf of Houston Surgery Center, L.P., and Outpatient Specialty Surgery Partners, L.P. v. Jack E. Jensen, M.D., Surgical Care Outpatient Enterprises, L.L.C., Athletic Orthopedic and Knee Center, P.A., and Managed Rehabilitation, Inc.

• Court: Court of Appeals of Texas
• Decided: March 8, 2022
• Docket: 14-21-00686-CV
• Status: Published

Opinion

Motion granted and Abatement Order filed March 8, 2022.

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00686-CV ____________

DEAN W. SMITH, M.D. AND EGHTEDAR SADEGHPOUR, M.D., INDIVIDUALLY, AND DERIVATIVELY ON BEHALF OF HOUSTON SURGERY CENTER L.P., AND OUTPATIENT SPECIALTY SURGERY PARTNERS, L.P., Appellants

V.

JACK E. JENSEN, M.D., SURGICAL CARE OUTPATIENT ENTERPRISES, L.L.C., ATHLETIC ORTHOPEDIC AND KNEE CENTER P.A., AND MANAGED REHABILITATION, INC., Appellees

On Appeal from the 234th District Court Harris County, Texas Trial Court Cause No. 2018-90730

ABATEMENT ORDER

Before the court is the parties’ joint motion to abate, which seeks to abate this appeal due to the parties agreeing in principle to settle the underlying lawsuit and all related disputes and proceedings. Although the parties have not yet reached a final resolution to their disputes, they have stated that an abatement would facilitate such a resolution. As the motion has merit, the court hereby grants the motion.

The appeal is abated, treated as a closed case, and removed from this court’s active docket for ninety days from the date of this order. The appeal will be reinstated on this court’s active docket at that time, or when the parties file a motion to dismiss the appeal or other dispositive motion. The court will also consider an appropriate motion to reinstate the appeal filed by any party, or the court may reinstate the appeal on its own motion.

PER CURIAM

Panel Consists of Justices Jewell, Zimmerer, and Hassan.