James Mason v. Amed-Health, Inc., D/B/A AMED Community Hospice, Folosade Ojo, M.D.

Memorandum Order issued February 22, 2018
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00045-CV
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JAMES MASON, MURPHY MASON, HELEN MASON, ANNA PAYNE,
AND CHARLES VANCE, Appellants
V.
AMED SERVICES, INC. D/B/A A*MED HOME HEALTH, FOLOSADE
OJO, M.D., AND RAKESH SHAH, M.D., Appellees
On Appeal from the 10th District Court
Galveston County, Texas
Trial Court Case No. 16-CV-0731
MEMORANDUM ORDER
Appellants, James Mason, Murphy Mason, Helen Mason, Anna Payne, and
Charles Vance, have filed a partial motion to dismiss their appeal against appellee
Rakesh Shah, M.D., only. See TEX. R. APP. P. 42.1(a)(1), (b). Appellants state that
they continue to pursue their appeal against appellees Folosade Ojo, M.D., and
AMed Services, Inc. d/b/a A*Med Home Health. While the motion states that
Rakesh Shah, M.D., does not oppose the motion, there is no certificate of
conference with all appellees, but the motion contains a certificate of service on all
counsel, has been on file with this Court for more than ten days, and no party has
responded to the motion. See id. 10.1(a)(5), 10.3(a)(2). No other party has filed a
notice of appeal and no opinion has issued. See id. 42.1(a)(1), (c).
Accordingly, we grant the motion and dismiss the appeal against Rakesh
Shah, M.D. See id. 42.1(a)(1), 43.2(f). The appeal against appellees Folosade Ojo,
M.D. and AMed Services, Inc. d/b/a A*Med Home Health remains pending. See
id. 42.1(b).
PER CURIAM
Panel consists of Justices Jennings, Keyes, and Higley.
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