Harry L. Sivley, Special Deputy Receiver of Comprehensive Health Services of Texas, Inc., D/B/A Wellchoice v. Comprehensive Health Services, Inc.

• Court: Court of Appeals of Texas
• Decided: March 26, 2009
• Docket: 03-08-00144-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00144-CV

Harry L. Sivley, Special Deputy Receiver of Comprehensive Health Services of Texas, Inc., d/b/a Wellchoice, Appellant

v.

Comprehensive Health Services, Inc., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. D-1-GN-00-001863, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

NO. 03-08-00148-CV

Harry L. Sivley, Special Deputy Receiver of Comprehensive Health Services of Texas, Inc., d/b/a Wellchoice, Appellant

N.S. Rangarajan, Robert B. Low, James W. Patton, Stanley R. Kirk, Mark D. Keshishian, and Jeffrey Richardon, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. D-1-GN-03-00001, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING MEMORANDUM OPINION

On February 12, 2009, at the joint request of the parties, we abated these appeals to

give the parties time to resolve their disputes. On March 19, the parties filed joint motions to

dismiss, explaining that they have finalized the settlement of their disputes and asking that we

dismiss the appeals.1 We grant the motions and dismiss both appeals.

___________________________________________

David Puryear, Justice

Before Chief Justice Law, Justices Puryear and Pemberton Chief Justice Law Not Participating

Dismissed on Joint Motion

Filed: March 26, 2009

1 The parties ask that we dismiss the appeals with prejudice. The phrase “with prejudice” is used when disposing of a case at the trial court level, but when this Court dismisses an appeal, it does so without any such notation. See, e.g., Tex. R. App. P. 42.1 (appellate court may dismiss appeal on motion of appellant or by joint agreement).