Knapp Medical Center v. Aracely Ramos, Individually and as Next Friend for Juan Ramos, Ofelia Ramos, and Amanda Ramos

NUMBER 13-09-00593-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
______________________________________________________________
KNAPP MEDICAL CENTER HOSPITAL, Appellant,
v.
ARACELY RAMOS, INDIVIDUALLY
AND AS NEXT FRIEND FOR JUAN RAMOS,
OFELIA RAMOS, AND AMANDA RAMOS, Appellees.
_____________________________________________________________
On appeal from the 398th District Court
of Hidalgo County, Texas.
______________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Yañez and Benavides
Memorandum Opinion Per Curiam
Appellant, Knapp Medical Center Hospital, perfected an appeal from an interlocutory
“Order Denying Dr. Loan Vu and Knapp Medical Center’s Objections to Plaintiffs’ 120-Day
Expert Reports and Motion to Dismiss” rendered by the 398th District Court of Hidalgo
County, Texas, on October 6, 2009, in trial court cause number C-765-09-1. Appellant has
now filed a motion to dismiss the appeal on grounds that the appellees have agreed to
voluntarily dismiss all direct negligence claims against it. Appellant requests that this Court
dismiss the appeal without prejudice.
The Court, having considered the documents on file and appellant’s motion to
dismiss the appeal, is of the opinion that the motion should be granted. See TEX . R. APP.
P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is hereby DISMISSED
WITHOUT PREJUDICE. Costs will be taxed against appellant. See id. 42.1(d) (“Absent
agreement of the parties, the court will tax costs against the appellant.”). Having dismissed
the appeal at appellant’s request, no motion for rehearing will be entertained, and our
mandate will issue forthwith.
PER CURIAM
Delivered and filed the
20th day of May, 2010.
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