TX Med. Office, LP v. Tenet Health Sys. Hosps., Inc.

Full title: TX MEDICAL OFFICE, LP, FL MEDICAL OFFICE, LLC, CA MEDICAL OFFICE, LP, AND…

Court: COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Aug 21, 2013

(Tex. App. Aug. 21, 2013)

Opinion

08-21-2013

TX MEDICAL OFFICE, LP, FL MEDICAL OFFICE, LLC, CA MEDICAL OFFICE, LP, AND MOB PORTFOLIO ASSOCIATES, LLC, Appellants, v. TENET HEALTH SYSTEM HOSPITALS, INC. Appellee.

ANN CRAWFORD McCLURE

Appeal from

34th District Court

of El Paso County, Texas

(TC # 2010-1628)

MEMORANDUM OPINION

Pending before the Court is a joint motion to dispose of this appeal in accordance with the parties' agreement. See TEX.R.APP.P. 42.1(a)(2)(A). The parties filed a joint motion for disposition pursuant to a settlement agreement, stating that all issues in dispute have been fully resolved and requesting that we vacate the trial court's judgment, dismiss the case, and render judgment effectuating the parties' settlement agreement. See TEX.R.APP.P. 42.1(a)(2)(A) (permitting appeals court to dispose of appeal by rendering judgment effectuating the parties' agreement); TEX.R.APP.P. 43.2(e)(permitting the appeals court to vacate the trial court's judgment and dismiss the case). The settlement agreement specifically requests that this Court dismiss the case as follows:

(a) all claims, counterclaims, or causes of action asserted in the Case as to the Site known by the parties as 'Alvarado Medical Plaza II' are dismissed without prejudice to refiling of same, and
(b) all remaining claims, counterclaims, or causes of action asserted in the Case are dismissed with prejudice to refiling of same.

[Emphasis in original]. Both parties have signed the settlement agreement and filed it with the Clerk of this Court in accordance with TEX.R.APP.P. 42.1(a)(2).

The motion is granted. The trial court's judgment signed on July 31, 2012 is vacated, and the case is dismissed pursuant to the terms of the settlement agreement in that all claims, counterclaims, or causes of action as to the "Alvarado Medical Plaza II" site are dismissed without prejudice and all remaining claims, counterclaims, or causes of action are dismissed with prejudice. See TEX.R.APP.P. 42.1(a)(2)(A), 43.2(e). Because the settlement agreement recites that each party shall bear its own costs and attorney's fees in the case, costs of appeal are taxed against the parties who have incurred them. See TEX.R.APP.P. 42.1(d)(providing that in absence of an agreement by the parties, costs will be taxed against the appellant).

ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.