Team Health, LLC F/K/A Team Health, Inc. v. Elizabeth Mendoza

• Court: Court of Appeals of Texas
• Decided: July 22, 2024
• Docket: 08-24-00136-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

TEAM HEALTH, LLC F/K/A TEAM § No. 08-24-00136-CV HEALTH, INC., § Appeal from the Appellant, § County Court at Law No. 3 v. § of El Paso County, Texas ELIZABETH MENDOZA, § (TC#2023-DCV-3523) Appellees. §

MEMORANDUM OPINION

Before this Court is Appellant’s agreed motion to dismiss. The motion states that the parties

have settled the dispute underlying this appeal. Appellant’s motion seeks a dismissal pursuant to

Texas Rule of Appellate Procedure 42.

Texas Rule of Appellate Procedure 42.1 provides the actions a court may take to dispose

of an appeal on the motion of the appellant or by agreement of the parties. On the motion of the

appellant, a court may dismiss the appeal. Tex. R. App. P. 42.1(a)(1). When parties file an

agreement signed by all parties or their attorneys, the court may: “(A) render judgment effectuating

the parties’ agreement; (B) set aside the trial court’s judgment without regard to the merits and

remand the case to the trial court for rendition of judgment in accordance with the agreement; or (C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.” Tex. R.

App. P. 42.1(a)(2)(A)–(C).

The parties have not filed a joint motion or a settlement agreement with the clerk as

required by Rule 42.1(a)(2). Instead, based on the substance of the motion and the relief requested,

we invoke Rule 42.1(a)(1) to dismiss the appeal on the motion of the appellant. Thus, the motion

to dismiss the appeal is granted. See Tex. R. App. P. 42.1(a)(1) (allowing appellate courts to

dismiss an appeal on the motion of the appellant.). Costs of the appeal are taxed against the party

Appellant. See Tex. R. App. P. 42.1(d).

JEFF ALLEY, Chief Justice

July 22, 2024

Before Alley, C.J., Palafox and Soto, JJ.