Merrimon Baker, M.D., Merrimon Baker, M.D., P.A., Liberty-Dayton Hospital, Inc. and Sean Stricker v. Alice Wordlaw ( 2004 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-498 CV ____________________

MERRIMON BAKER, M.D., MERRIMON BAKER, M.D., P.A., LIBERTY-DAYTON HOSPITAL, INC. AND SEAN STRICKER, Appellants

V.

ALICE WORDLAW, Appellee

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On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CV 64626-A

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MEMORANDUM OPINION ⁽¹⁾  

Alice Wordlaw, appellee, filed a motion to dismiss the appeal for lack of jurisdiction on the grounds that the judgment is interlocutory. In response, Merrimon Baker, M.D., Merrimon Baker, M.D., P.A., Liberty-Dayton Hospital, Inc., and Sean Stricker filed motions to dismiss this appeal. The Court finds that the appellants voluntarily moved to dismiss the appeal prior to any decision of this Court. Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal.

It is therefore ordered that the motions be granted and the appeal is therefore dismissed. Appellate costs are assessed against the appellants. The appellee's motion for damages based upon filing of frivolous appeal is denied.

PER CURIAM

Opinion Delivered February 12, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.