Stephen Marcum, M.D., P.A. v. Phillip Flowers

• Court: Court of Appeals of Texas
• Decided: September 14, 2021
• Docket: 01-21-00105-CV
• Status: Published

Opinion

Opinion issued September 14, 2021

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-21-00105-CV ——————————— STEPHEN MARCUM, M.D., P.A., Appellant V. PHILLIP FLOWERS, Appellee

On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2020-48927

MEMORANDUM OPINION

Appellant, Stephen Marcum, M.D., P.A., filed a notice of appeal of the trial

court’s interlocutory order purportedly denying his motion to dismiss the health care

liability claim brought against him in the suit of appellee, Phillip Flowers, for negligence. Appellant has now filed a motion to dismiss his appeal.1 See TEX. R.

APP. P. 42.1(a)(1). Appellant’s motion includes a certificate of conference

representing that appellee is not opposed to the motion. See TEX. R. APP. P.

10.1(a)(5), 10.3. No other party has filed a notice of appeal, and no opinion has

issued. See TEX. R. APP. P. 42.1(c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot.

Julie Countiss Justice

Panel consists of Justices Goodman, Landau, and Countiss.

1 On September 2, 2021, in accordance with Texas Rule of Appellate Procedure 42.3, the Clerk of the Court provided appellant with notice of the Court’s intention to dismiss his appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a). In response, appellant filed his motion to dismiss.