Home/Court of Appeals of Texas/Select Medical Corporation and Select Physical Therapy Holdings, Inc., General Partner, and Select Physical Therapy Network Services, Inc., Limited Partners, D/B/A Select Physical Therapy Texas Limited Partnership v. Armstrong Moving & Storage Inc. Joseph J. Dux, Individually and D/B/A Facilicare Management Services and D/B/A Central Facility Services David J. Martin and Martin Enterprises, LLC

Select Medical Corporation and Select Physical Therapy Holdings, Inc., General Partner, and Select Physical Therapy Network Services, Inc., Limited Partners, D/B/A Select Physical Therapy Texas Limited Partnership v. Armstrong Moving & Storage Inc. Joseph J. Dux, Individually and D/B/A Facilicare Management Services and D/B/A Central Facility Services David J. Martin and Martin Enterprises, LLC

Court of Appeals of Texas·Decided September 25, 2012·No. 07-12-00397-CV·Published

Opinion

NO. 07-12-00397-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

SEPTEMBER 25, 2012

SELECT MEDICAL CORPORATION AND SELECT PHYSICAL THERAPY HOLDINGS, INC., GENERAL PARTNER, AND SELECT PHYSICAL THERAPY NETWORK SERVICES, INC., LIMITED PARTNER, D/B/A SELECT PHYSICAL THERAPY TEXAS LIMITED PARTNERSHIP, APPELLANTS

v.

ARMSTRONG MOVING & STORAGE INC.; JOSEPH J. DUX, INDIVIDUALLY AND D/B/A FACILICARE MANAGEMENT SERVICES AND D/B/A CENTRAL FACILITY SERVICES; DAVID J. MARTIN AND MARTIN ENTERPRISES, LLC, APPELLEES

FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2009-549,544; HONORABLE WILLIAM C. SOWDER, JUDGE

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

On September 18, 2012, appellants, Select Medical Corporation and Select

Physical Therapy Holdings, Inc., General Partner, and Select Physical Therapy Network

Services, Inc., Limited Partner, d/b/a Select Physical Therapy Texas Limited

Partnership, filed a motion to dismiss its appeal of the trial court’s August 18, 2012 Special Appearance Order and August 31, 2012 Dismissal for Lack of Personal

Jurisdiction. No decision of this Court having been delivered to date, we grant the

motion. Accordingly, appellants’ appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1).

As there was no contrary agreement of the parties included in appellants’ motion, all

costs related to this appeal are assessed against appellants. See TEX. R. APP. P.

42.1(d). If dismissal will prevent appellees from seeking relief to which they would

otherwise be entitled, the Court directs any affected appellee to file a timely motion for

rehearing. No motion for rehearing from appellants will be entertained.

Mackey K. Hancock Justice

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Select Medical Corporation and Select Physical Therapy Holdings, Inc., General Partner, and Select Physical Therapy Network Services, Inc., Limited Partners, D/B/A Select Physical Therapy Texas Limited Partnership v. Armstrong Moving & Storage Inc. Joseph J. Dux, Individually and D/B/A Facilicare Management Services and D/B/A Central Facility Services David J. Martin and Martin Enterprises, LLC, (Tex. Ct. App. 2012).

Select Medical Corporation and Select Physical Therapy Holdings, Inc., General Partner, and Select Physical Therapy Network Services, Inc., Limited Partners, D/B/A Select Physical Therapy Texas Limited Partnership v. Armstrong Moving & Storage Inc. Joseph J. Dux, Individually and D/B/A Facilicare Management Services and D/B/A Central Facility Services David J. Martin and Martin Enterprises, LLC (Select Medical Corporation and Select Physical Therapy Holdings, Inc., General Partner, and Select Physical Therapy Network Services, Inc., Limited Partners, D/B/A Select Physical Therapy Texas Limited Partnership v. Armstrong Moving & Storage Inc. Joseph J. Dux, Individually and D/B/A Facilicare Management Services and D/B/A Central Facility Services David J. Martin and Martin Enterprises, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.