Knapp Medical Center v. Aracely Ramos, Individually and as Next Friend for Juan Ramos, Ofelia Ramos, and Amanda Ramos

Opinion

NUMBER 13-09-00593-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

KNAPP MEDICAL CENTER HOSPITAL, Appellant,

v.

ARACELY RAMOS, INDIVIDUALLY AND AS NEXT FRIEND FOR JUAN RAMOS, OFELIA RAMOS, AND AMANDA RAMOS, Appellees. _____________________________________________________________

On appeal from the 398th District Court of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam

Appellant, Knapp Medical Center Hospital, perfected an appeal from an interlocutory

“Order Denying Dr. Loan Vu and Knapp Medical Center’s Objections to Plaintiffs’ 120-Day

Expert Reports and Motion to Dismiss” rendered by the 398th District Court of Hidalgo County, Texas, on October 6, 2009, in trial court cause number C-765-09-1. Appellant has

now filed a motion to dismiss the appeal on grounds that the appellees have agreed to

voluntarily dismiss all direct negligence claims against it. Appellant requests that this Court

dismiss the appeal without prejudice.

The Court, having considered the documents on file and appellant’s motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX . R. APP.

P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is hereby DISMISSED

WITHOUT PREJUDICE. Costs will be taxed against appellant. See id. 42.1(d) (“Absent

agreement of the parties, the court will tax costs against the appellant.”). Having dismissed

the appeal at appellant’s request, no motion for rehearing will be entertained, and our

mandate will issue forthwith.

PER CURIAM

Delivered and filed the 20th day of May, 2010.