John Cangelosi M.D. v. Sagis PLLC

• Court: Court of Appeals of Texas
• Decided: December 31, 2024
• Docket: 01-24-00348-CV
• Status: Published

Opinion

Opinion issued December 31, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00348-CV ——————————— JOHN CANGELOSI, MD, Appellant V. SAGIS PLLC, Appellee

On Appeal from the 295th District Court Harris County, Texas Trial Court Case No. 2023-75082

MEMORANDUM OPINION

Appellant, John Cangelosi, MD, filed an interlocutory appeal from the trial

court’s May 7, 2024 “Order Denying [Appellant’s] Motion to Compel Arbitration

and Stay Litigation.”1 On the motion of appellant, on June 6, 2024, the Court stayed

1 See TEX. CIV. PRAC. REM. CODE ANN. § 51.016. the underlying trial court proceedings pending the Court’s consideration of the

interlocutory appeal.

On July 17, 2024, appellant notified the Court that the “parties [had] reached

a settlement of the disputes between them” and requested that the Court “put this

matter on hold while the parties completed” finalizing the settlement documents.

The Court therefore abated the appeal and removed it from the Court’s active docket

to allow the parties to finalize the necessary settlement documents.

On December 11, 2024, appellant filed a motion to dismiss his interlocutory

appeal “following the resolution of the underlying dispute between the parties by

settlement.” No other party has filed a notice of appeal, and no opinion has issued.

See TEX. R. APP. P. 42.1(a)(1), (c). Appellant’s motion includes a certificate of

conference stating that appellee, Sagis PLLC, is unopposed to the relief requested in

the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

Accordingly, the Court reinstates the appeal on the Court’s active docket, lifts

the stay imposed by the Court’s June 6, 2024 order, grants appellant’s motion, and

dismisses the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss all other

pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Gunn.