Richard K. Marcoux v. Columbia Medical Center of Arlington Subsidiary, LP

• Court: Court of Appeals of Texas
• Decided: June 16, 2023
• Docket: 07-22-00312-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00312-CV

RICHARD K. MARCOUX, APPELLANT

V.

COLUMBIA MEDICAL CENTER OF ARLINGTON SUBSIDIARY, LP, APPELLEE

On Appeal from the 342nd District Court Tarrant County, Texas Trial Court No. 342-335780-22, Honorable Kimberly Fitzpatrick, Presiding

June 16, 2023 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Richard K. Marcoux, appeals from the trial court’s Order Granting

Defendant’s Motion to Dismiss.1 Now pending before this Court is Appellant’s unopposed

motion seeking voluntary dismissal of the appeal. The Court finds that the motion

complies with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that

1Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. granting the motion will not prevent any party from seeking relief to which it would

otherwise be entitled. As no decision of the Court has been delivered to date, we grant

the motion. The appeal is dismissed. Because the motion does not reflect an agreement

of the parties concerning the payment of costs, costs will be taxed against Appellant. See

TEX. R. APP. P. 42.1(d). No motion for rehearing will be entertained and our mandate will

issue forthwith.

Per Curiam