Opinion
No. 01-07-00194-CV
Opinion issued June 15, 2007.
On Appeal from the 215th District Court Harris County, Texas, Trial Court Cause No. 2006-45402.
Panel consists of Justices Taft, Jennings, and Alcala.
MEMORANDUM OPINION
In this healthcare liability case, defendants Fatemeh Bijan, DDS and Mai-Bijan Dental, PLLC d/b/a Apple Dentistry ("Dentists") objected to plaintiff Zimmerman's expert report and moved to dismiss Zimmerman's suit. See Tex. Civ. Prac. Rem. Code Ann. § 74.351(a),(b) (Vernon 2006) (requiring healthcare liability claimant to serve on each party an expert report by a date certain and providing that, under certain circumstances, healthcare provider may move to dismiss the claim). Zimmerman filed his response to Dentists' objections, the trial court denied Dentists' objections and motion to dismiss, and Dentists brought this interlocutory appeal, challenging the trial court's ruling. See Tex. Civ. Prac. Rem. Code Ann. § 51.014 (a)(9) (Vernon 2006) (authorizing an interlocutory appeal of trial court's order that denies all or part of relief sought by a motion brought under Section 74.351(b)).
In a motion to dismiss, Dentists inform us that the parties have reached an agreement to settle their differences, and they request that we dismiss the appeal to permit proceedings in the trial court to effectuate the agreement. Ten days have elapsed since Dentists filed their motion to dismiss their appeal, and no party has filed an objection. See Tex. R. App. P. 10.3(a) (requiring an appellate court to wait 10 days after a motion is filed to determine it). We grant Dentists' motion to dismiss the appeal. Tex. R. App. P. 42.1(a)(1) (authorizing appellate courts to dispose of an appeal in accordance with the motion of appellant).