Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians, Angela Mathews, Leah Ann Gonski Marino F/K/A Leah Ann Gonski, and Jaou-Chen Huang, M.D.

• Court: Court of Appeals of Texas
• Decided: November 20, 2014
• Docket: 01-14-00767-CV
• Status: Published

Opinion

Order issued November 20, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00767-CV ——————————— SHIRLEY LENOIR, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SHANA LENOIR AND CHRISTOPHER MCKNIGHT, INDIVIDUALLY AND AS NEXT FRIEND OF NAYLA MCKNIGHT, Appellants V. U.T. PHYSICIANS, Appellee

On Appeal from the 164th District Court Harris County, Texas Trial Court Case No. 2012-35806

MEMORANDUM ORDER OF DISMISSAL

Appellants, Shirley Lenoir and Christopher McKnight, filed a notice of

appeal on September 12, 2014, appealing from the trial court’s August 14, 2014 order granting Appellee U.T. Physician’s plea to the jurisdiction. On October 31,

2014, appellants filed “Appellants’ Unopposed Partial Dismissal of Appellee

Insperity Peo Services, L.P.” No other party has filed a notice of appeal, and no

opinion has issued. Further, although the certificate of conference in the motion

indicates appellees could not be reached, more than 10 days have passed and no

party has objected to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we GRANT the motion and ORDER that appellants’ appeal

from the trial court’s order be dismissed as to appellees Insperity Peo Services,

L.P.. See TEX. R. APP. P. 42.1(a)(1), 42.1(b). Appellants’ appeal remains pending

as to appellee U.T. Physicians.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Brown.