James E. Smith, in His Official Capacity as Superintendent of the North Texas State Hospital, Vernon Campus And the Texas Department of State Health Services v. Kimani Butler

Court of Appeals of Texas

James E. Smith, in His Official Capacity as Superintendent of the North Texas State Hospital, Vernon Campus And the Texas Department of State Health Services v. Kimani Butler

Court of Appeals of Texas·Decided May 18, 2012·No. 03-12-00163-CV·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00163-CV

James E. Smith, in his Official Capacity as Superintendent of the North Texas State Hospital, Vernon Campus; and the Texas Department of State Health Services, Appellants

v.

Kimani Butler, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT

NO. D-1-DC-11-904033, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellants James E. Smith, in his Official Capacity as Superintendent of the North Texas State Hospital, Vernon Campus; and the Texas Department of State Health Services no longer wish to pursue their appeal and have filed an unopposed motion to dismiss. Appellants' counsel states that she has conferred with counsel for the State of Texas and counsel for Kimani Butler, who do not oppose this motion. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a).

__________________________________________

Jeff Rose, Justice

Before Chief Justice Jones, Justices Pemberton and Rose

Dismissed on Appellants' Motion

Filed: May 18, 2012

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00163-CV

James E. Smith, in his Official Capacity as Superintendent of the North Texas State Hospital, Vernon Campus; and the Texas Department of State Health Services, Appellants

v.

Kimani Butler, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT

NO. D-1-DC-11-904033, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellants James E. Smith, in his Official Capacity as Superintendent of the North Texas State Hospital, Vernon Campus; and the Texas Department of State Health Services no longer wish to pursue their appeal and have filed an unopposed motion to dismiss. Appellants' counsel states that she has conferred with counsel for the State of Texas and counsel for Kimani Butler, who do not oppose this motion. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a).

__________________________________________

Jeff Rose, Justice

Before Chief Justice Jones, Justices Pemberton and Rose

Dismissed on Appellants' Motion

Filed: May 18, 2012

James E. Smith, in His Official Capacity as Superintendent of the North Texas State Hospital, Vernon Campus And the Texas Department of State Health Services v. Kimani Butler, (Tex. Ct. App. 2012).

Pincite

James E. Smith, in His Official Capacity as Superintendent of the North Texas State Hospital, Vernon Campus And the Texas Department of State Health Services v. Kimani Butler (James E. Smith, in His Official Capacity as Superintendent of the North Texas State Hospital, Vernon Campus And the Texas Department of State Health Services v. Kimani Butler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.