robert-gene-cunningham-individually-and-as-representative-of-the-estate-of ( 2008 )

dismis.re

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-231-CV

NOBLE EZUKANMA, M.D. AND APPELLANTS

HEALTHFIRST MEDICAL GROUP,

P.A., AND KRISHNABABU

CHUNDURI, M.D.

V.

ROBERT GENE CUNNINGHAM, APPELLEES

INDIVIDUALLY AND AS REPRESENTATIVE

OF THE ESTATE OF PATRICIA MAUDINE

CUNNINGHAM, DECEASED, ROBIN LEE

CUNNINGHAM BISHOP, AND TRACY

JEANNE CUNNINGHAM LANG

AND

ROBERT GENE CUNNINGHAM, APPELLANTS

INDIVIDUALLY AND AS REPRESENTATIVE

OF THE ESTATE OF PATRICIA MAUDINE

CUNNINGHAM, DECEASED, ROBIN LEE

CUNNINGHAM BISHOP, AND TRACY JEANNE

CUNNINGHAM LANG

V.

LINCOLN CHIN, M.D. AND LADI O.M. APPELLEES

HAROONA, M.D.

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FROM THE 141 ST DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered appellants Robert Gene Cunningham, Individually and as Representative of the Estate of Patricia Maudine Cunningham, Deceased, Robin Lee Cunningham Bishop, and Tracy Jeanne Cunningham Lang and appellee Lincoln Chin, M.D. ’s “Joint Motion To Dismiss.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss appellants’ appeal of the judgment rendered in favor of appellee Lincoln Chin, M.D. only.   See T EX. R. A PP. P. 42.1(a)(2), 43.2(f).  The remaining portion of the appeal shall hereafter be styled “ Robert Gene Cunningham, Individually and as Representative of the Estate of Patricia Maudine Cunningham, Deceased, Robin Lee Cunningham Bishop, and Tracy Jeanne Cunningham Lang v. Ladi O.M. Haroona, M.D .”

Costs of appellants’ appeal of the judgment entered in appellee Chin’s favor shall be paid by the party incurring the same , for which let execution issue.

PER CURIAM

PANEL B:  GARDNER, DAUPHINOT, and HOLMAN, JJ.

DELIVERED:  June 5, 2008

FOOTNOTES

1:

See Tex. R. App. P. 47.4.