Memorial Health System of East Texas D/B/A CHI St. Luke's Health Memorial v. Edward Simon ( 2021 )

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-21-00088-CV __________________ MEMORIAL HEALTH SYSTEM OF EAST TEXAS D/B/A CHI ST. LUKE’S HEALTH MEMORIAL, Appellant V. EDWARD SIMON, Appellee __________________________________________________________________ On Appeal from the 258th District Court Polk County, Texas Trial Cause No. CIV30598 __________________________________________________________________ MEMORANDUM OPINION Memorial Health System of East Texas d/b/a CHI St. Luke’s Health Memorial (Memorial) moved to dismiss its appeal, asserting the trial court granted the plaintiff’s (Edward Simon’s) agreed motion for nonsuit and disposed of all the claims that are relevant to the appeal. Memorial made its motion voluntarily and filed it before we decided the appeal. See Tex. R. App. P. 42.1(a)(1). No other party 1 appealed. We conclude the motion should be granted, so we grant the motion and dismiss the appeal. APPEAL DISMISSED. PER CURIAM Submitted on June 9, 2021 Opinion Delivered June 10, 2021 Before Golemon, C.J., Horton and Johnson, JJ. 2