River Ridge Nursing Center in Its Assumed or Common Name v. Gaylynne Nemec, Individually, as Representative of the Estate of Catherine Parker, as Wrongful Death Beneficiary of Catherine Parker

Court of Appeals of Texas

River Ridge Nursing Center in Its Assumed or Common Name v. Gaylynne Nemec, Individually, as Representative of the Estate of Catherine Parker, as Wrongful Death Beneficiary of Catherine Parker

DecidedJanuary 15, 2009

Docket13-08-00540-CV

StatusPublished

This text of River Ridge Nursing Center in Its Assumed or Common Name v. Gaylynne Nemec, Individually, as Representative of the Estate of Catherine Parker, as Wrongful Death Beneficiary of Catherine Parker (River Ridge Nursing Center in Its Assumed or Common Name v. Gaylynne Nemec, Individually, as Representative of the Estate of Catherine Parker, as Wrongful Death Beneficiary of Catherine Parker) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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River Ridge Nursing Center in Its Assumed or Common Name v. Gaylynne Nemec, Individually, as Representative of the Estate of Catherine Parker, as Wrongful Death Beneficiary of Catherine Parker, (Tex. Ct. App. 2009).

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Opinion

NUMBER 13-08-00540-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________________

RIVER RIDGE NURSING CENTER IN ITS

ASSUMED OR COMMON NAME, ET AL., Appellants,

v.

GAYLYNNE NEMEC, INDIVIDUALLY,

AS REPRESENTATIVE OF THE ESTATE

OF CATHERINE PARKER, AS WRONGFUL

DEATH BENEFICIARY OF CATHERINE

PARKER, ET AL., Appellees.

_____________________________________________________________

On appeal from the 214th District Court

of Nueces County, Texas.

______________________________________________________________

MEMORANDUM OPINION

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

Appellants, River Ridge Nursing Center in its assumed or common name, et. al., perfected an appeal from a judgment entered by the 214th District Court of Nueces County, Texas, in cause number 07-4563-F. Appellants have filed a motion to dismiss the appeal on grounds that it no longer desires to prosecute their suit against appellees. Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants' motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellants' motion to dismiss is granted, and the appeal is hereby DISMISSED. Costs will be taxed against appellants. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and filed

this the 15th day of January, 2009.

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NUMBER 13-08-00540-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________________

RIVER RIDGE NURSING CENTER IN ITS

ASSUMED OR COMMON NAME, ET AL., Appellants,

v.

GAYLYNNE NEMEC, INDIVIDUALLY,

AS REPRESENTATIVE OF THE ESTATE

OF CATHERINE PARKER, AS WRONGFUL

DEATH BENEFICIARY OF CATHERINE

PARKER, ET AL., Appellees.

_____________________________________________________________

On appeal from the 214th District Court

of Nueces County, Texas.

______________________________________________________________

MEMORANDUM OPINION

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

Appellants, River Ridge Nursing Center in its assumed or common name, et. al., perfected an appeal from a judgment entered by the 214th District Court of Nueces County, Texas, in cause number 07-4563-F. Appellants have filed a motion to dismiss the appeal on grounds that it no longer desires to prosecute their suit against appellees. Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants' motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellants' motion to dismiss is granted, and the appeal is hereby DISMISSED. Costs will be taxed against appellants. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and filed

this the 15th day of January, 2009.

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River Ridge Nursing Center in Its Assumed or Common Name v. Gaylynne Nemec, Individually, as Representative of the Estate of Catherine Parker, as Wrongful Death Beneficiary of Catherine Parker, Counsel Stack Legal Research, https://law.counselstack.com/opinion/river-ridge-nursing-center-in-its-assumed-or-common-name-v-gaylynne-nemec-texapp-2009.