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

Opinion

Memorandum Order issued June 12, 2018

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00309-CV ——————————— FIRST STREET HOSPITAL L.P. D/B/A FIRST SURGICAL HOSPITAL, KENNETH J. LEE, M.D., KL MODERN SPINE, PLLC, KARLYN J. POWELL, M.D., Appellants V. TONY LE, Appellee

On Appeal from the 11th District Court Harris County, Texas Trial Court Cause No. 2017-62649 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).

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. 2