Richard K. Marcoux v. Columbia Medical Center of Arlington Subsidiary, LP ( 2023 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00312-CV
RICHARD K. MARCOUX, APPELLANT
V.
COLUMBIA MEDICAL CENTER OF ARLINGTON SUBSIDIARY, LP, APPELLEE
On Appeal from the 342nd District Court
Tarrant County, Texas
Trial Court No. 342-335780-22, Honorable Kimberly Fitzpatrick, Presiding
June 16, 2023
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Richard K. Marcoux, appeals from the trial court’s Order Granting
Defendant’s Motion to Dismiss.1 Now pending before this Court is Appellant’s unopposed
motion seeking voluntary dismissal of the appeal. The Court finds that the motion
complies with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that
1Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by
the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001.
granting the motion will not prevent any party from seeking relief to which it would
otherwise be entitled. As no decision of the Court has been delivered to date, we grant
the motion. The appeal is dismissed. Because the motion does not reflect an agreement
of the parties concerning the payment of costs, costs will be taxed against Appellant. See
TEX. R. APP. P. 42.1(d). No motion for rehearing will be entertained and our mandate will
issue forthwith.
Per Curiam
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