Interim Healthcare, Inc. v. Falcon Healthcare, Inc., Brownwood Hospice LP, Great Plains Hospice LP, Waco Hospice LP, Permian Basin Hospice LP, Granbury Hospice LP, Bayou Homecare LP, Capital Homecare LP, Levelland Hospice LP

• Court: Court of Appeals of Texas
• Decided: October 3, 2024
• Docket: 07-24-00043-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00043-CV

INTERIM HEALTHCARE, INC., APPELLANT

V.

FALCON HEALTHCARE, INC., BROWNWOOD HOSPICE LP, GREAT PLAINS HOSPICE LP, WACO HOSPICE LP, PERMIAN BASIN HOSPICE LP, GRANBURY HOSPICE LP, BAYOU HOMECARE LP, CAPITAL HOMECARE LP, LEVELLAND HOSPICE LP, FALCON PANHANDLE HOSPICE LP, PLAINVIEW HOSPICE LP, FALCON HOLDINGS LTD, INTERIM HEALTHCARE OF WEST TEXAS, LLC, CENTRAL TEXAS HOMECARE, LLC, NEW MEXICO HEALTHCARE SERVICES, LLC, AND J. BRANDON DURBIN, APPELLEES

On Appeal from the 237th District Court Lubbock County, Texas Trial Court No. DC-2021-CV-0440, Honorable Les Hatch, Presiding

October 3, 2024 MEMORANDUM OPINION Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Interim Healthcare, Inc., appeals from the trial court’s Final Judgment.

Now pending before this Court is “Appellant’s Unopposed Motion to Remand by

Agreement” and the parties’ “Agreement to Remand.” According to these filings, the

parties have executed a confidential settlement agreement and request that this Court vacate the trial court’s judgment and remand the case for rendition of a judgment in

accordance with the settlement agreement.

Pursuant to Rule of Appellate Procedure 42.1(a)(2)(B), we grant the motion, set

aside the judgment of the trial court without regard to the merits, and remand the case to

the trial court for rendition of a judgment in accordance with the parties’ agreement. As

requested by the parties, costs shall be taxed against the parties who incurred them. See

TEX. R. APP. P. 42.1(d). Having set aside the trial court’s judgment at the request of the

parties, no motion for rehearing will be entertained and our mandate will issue forthwith.

Per Curiam