Trisun Healthcare, LLC, Improperly Sued as Trisun Healthcare LLC, D/B/A Trisun Care Center Westwood v. Mary Lou Martin, as Legal Representative for Isobel Jones

• Court: Court of Appeals of Texas
• Decided: December 20, 2012
• Docket: 13-12-00410-CV
• Status: Published

Opinion

NUMBER 13-12-00410-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

TRISUN HEALTHCARE, LLC, IMPROPERLY SUED AS TRISUN HEALTHCARE D/B/A TRISUN HEALTH CARE CENTER WESTWOOD, Appellant,

v.

MARY LOU MARTIN, AS LEGAL REPRESENTATIVE FOR ISOBEL JONES, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 1 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Garza, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant perfected an appeal from a judgment entered by the County Court at

Law No. 1 of Nueces County, Texas, in cause number 2011-CCV-61563-1. Appellant

has filed an unopposed motion to dismiss the appeal on grounds that the parties have reached an agreement to settle and compromise their differences. Appellant requests

that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant’s unopposed

motion to dismiss the appeal, is of the opinion that the motion should be granted. See

TEX. R. APP. P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is

hereby DISMISSED. Costs will be taxed against appellant. 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 appellant’s request, no motion for rehearing will be

entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 20th day of December, 2012.