Cristina Cruz, M. D. v. Life Management Center for MH/MR Services, d/b/a El paso Psychiatric Center; Ed Coleman; Paul Compton; and Bernardo Tarin-Godoy, M.D.--Appeal from County Court at Law No 5 of El Paso County

Becker v. State COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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CRISTINA CRUZ, M.D.,

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No. 08-03-00133-CV)

Appellant,

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Appeal from)

v.

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County Court at Law No. 5)

LIFE MANAGEMENT CENTER FOR

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of El Paso County, Texas

MH/MR SERVICES, d/b/a EL PASO

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PSYCHIATRIC CENTER, ED COLEMAN,

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(TC# 98-3886)

PAUL COMPTON, and

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BERNARDO TARIN-GODOY, M.D.,

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Appellees.

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MEMORANDUM OPINION

Pending before the Court is the motion of Appellant, Cristina Cruz, M.D., to dismiss this appeal pursuant to Tex. R. App. P. 42.1, which states that:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

 

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

 

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the court may:

 

(A) render judgment effectuating the parties' agreements;

 

(B) set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance wit [sic] the agreements; or

 

(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.

 

By her motion, Appellant voluntarily requests dismissal of the appeal. Appellant represents that it is an agreed motion to dismiss but she has not filed an agreement with the clerk as required by Rule 42.1(a)(2). Nevertheless, we will dismiss the appeal pursuant to Rule 42.1(a)(1) because it appears that Appellant no longer desires to pursue the appeal. There is no indication in the record before us that Appellees seek affirmative relief in the context of this appeal and Appellees have not objected to dismissal. We note that the appeals of Life Management Center, cause number 08-03-00121-CV and Dr. Bernardo Tarin-Godoy, cause number 08-03-00120-CV, remain pending and are unaffected by this dismissal. Appellant's motion is granted and the appeal is hereby dismissed.

 

May 15, 2003

ANN CRAWFORD McCLURE, Justice

 

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.