Walls Regional Hospital, et al. v. Dr. Robert Roe--Appeal from of County

IN THE

TENTH COURT OF APPEALS

No. 10-94-353-CV

WALLS REGIONAL HOSPITAL, ET AL.,

Appellants

v.

DR. ROBERT ROE,

Appellee

From the County Court at Law

Johnson County, Texas

Trial Court # C94-00244

MEMORANDUM OPINION

On April 14, 1995, Walls Regional Hospital filed a motion to dismiss this appeal, conceding that the appeal has been rendered moot by our decision in a parallel mandamus proceeding. See Walls Regional Hospital v. Altaras, No. 10-94-341-CV, 1994 WL 722851 (Tex. App. Waco, December 30, 1994, orig. proceeding). In the relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

The Hospital has certified that it delivered the motion to Dr. Robert Roe, who seeks no affirmative relief in this court. The Hospital requests that we tax the costs of the appeal against it.

The motion to dismiss is granted. The Hospital is to bear the court costs of the appeal.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Dismissed on appellant's motion

Order issued and filed April 26, 1995

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