Kenneth J. Lee, M.D., KL Modern Spine, PLLC, Karlyn J. Powell, M.D. v. Tony Le

Court of Appeals of Texas

Kenneth J. Lee, M.D., KL Modern Spine, PLLC, Karlyn J. Powell, M.D. v. Tony Le

Court of Appeals of Texas·Decided June 12, 2018·No. 01-18-00309-CV·Published

Opinion

Memorandum Order issued June 12, 2018

In The

Court of Appeals

For The

First District of Texas

MEMORANDUM ORDER

Appellant, First Street Hospital L.P. d/b/a First Surgical Hospital, has filed a

motion to dismiss its appeal. See TEX. R. APP. P. 42.1(a)(1).1 Appellant First Street contends that it and the appellee have reached a settlement agreement and further requests that each party be directed to pay its own appellate costs. See TEX. R. APP. P. 42.1(d). Although appellant First Street’s motion does not contain a certificate of conference, it contains a certificate of service on counsel for all parties, has been on file with this Court for more than ten days, and no party has responded to the motion. See TEX. R. APP. P. 9.5(d), (e), 10.1(a)(5), 10.3(a)(2).

Accordingly, we grant appellant First Street’s motion and dismiss its appeal and, upon issuance of this Court’s judgment, appellate costs are to be taxed against the party who incurred the same. See TEX. R. APP. P. 42.1(a)(1), (d), 43.2(f). The appeals by Kenneth J. Lee, M.D. and KL Modern Spine, PLLC, and Karlyn J. Powell, M.D., remain pending. See TEX. R. APP. P. 42.1(b).

PER CURIAM

Panel consists of Justices Higley, Brown, and Caughey.

1 Three other appellants, Kenneth J. Lee, M.D. and KL Modern Spine, PLLC, and Karlyn J. Powell, M.D., have also filed two separate notices of appeal, but are not moving to dismiss.

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Memorandum Order issued June 12, 2018

In The

Court of Appeals

For The

First District of Texas

MEMORANDUM ORDER

Appellant, First Street Hospital L.P. d/b/a First Surgical Hospital, has filed a

motion to dismiss its appeal. See TEX. R. APP. P. 42.1(a)(1).1 Appellant First Street contends that it and the appellee have reached a settlement agreement and further requests that each party be directed to pay its own appellate costs. See TEX. R. APP. P. 42.1(d). Although appellant First Street’s motion does not contain a certificate of conference, it contains a certificate of service on counsel for all parties, has been on file with this Court for more than ten days, and no party has responded to the motion. See TEX. R. APP. P. 9.5(d), (e), 10.1(a)(5), 10.3(a)(2).

Accordingly, we grant appellant First Street’s motion and dismiss its appeal and, upon issuance of this Court’s judgment, appellate costs are to be taxed against the party who incurred the same. See TEX. R. APP. P. 42.1(a)(1), (d), 43.2(f). The appeals by Kenneth J. Lee, M.D. and KL Modern Spine, PLLC, and Karlyn J. Powell, M.D., remain pending. See TEX. R. APP. P. 42.1(b).

PER CURIAM

Panel consists of Justices Higley, Brown, and Caughey.

1 Three other appellants, Kenneth J. Lee, M.D. and KL Modern Spine, PLLC, and Karlyn J. Powell, M.D., have also filed two separate notices of appeal, but are not moving to dismiss.

Kenneth J. Lee, M.D., KL Modern Spine, PLLC, Karlyn J. Powell, M.D. v. Tony Le, (Tex. Ct. App. 2018).

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Kenneth J. Lee, M.D., KL Modern Spine, PLLC, Karlyn J. Powell, M.D. v. Tony Le (Kenneth J. Lee, M.D., KL Modern Spine, PLLC, Karlyn J. Powell, M.D. v. Tony Le) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.