Memorial Health System of East Texas D/B/A CHI St. Luke's Health Memorial v. Edward Simon

• Court: Court of Appeals of Texas
• Decided: June 10, 2021
• Docket: 09-21-00088-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00088-CV __________________

MEMORIAL HEALTH SYSTEM OF EAST TEXAS D/B/A CHI ST. LUKE’S HEALTH MEMORIAL, Appellant

V.

EDWARD SIMON, Appellee

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On Appeal from the 258th District Court Polk County, Texas Trial Cause No. CIV30598 __________________________________________________________________

MEMORANDUM OPINION

Memorial Health System of East Texas d/b/a CHI St. Luke’s Health Memorial

(Memorial) moved to dismiss its appeal, asserting the trial court granted the

plaintiff’s (Edward Simon’s) agreed motion for nonsuit and disposed of all the

claims that are relevant to the appeal. Memorial made its motion voluntarily and

filed it before we decided the appeal. See Tex. R. App. P. 42.1(a)(1). No other party

1 appealed. We conclude the motion should be granted, so we grant the motion and

dismiss the appeal.

APPEAL DISMISSED.

PER CURIAM

Submitted on June 9, 2021 Opinion Delivered June 10, 2021

Before Golemon, C.J., Horton and Johnson, JJ.