Opinion
NO. 01-19-00008-CV
07-09-2020
CROSSROADS HOSPICE, INC., Appellant v. FC COMPASSUS, LLC, CLP REGENCY OF TEXAS, LLC D/B/A HOSPICE COMPASSUS, AND ASPERION HOSPICE OF HOUSTON, LP D/B/A HOSPICE COMPASSUS—THE WOODLANDS, Appellees
On Appeal from the 234th District Court Harris County, Texas
Trial Court Case No. 2018-45292
SUPPLEMENTAL MEMORANDUM OPINION
We issued an opinion in this case reversing and remanding the interlocutory order of the trial court on March 17, 2020. On July 1, 2020, the parties filed a joint notice of settlement and agreed motion to dismiss the appeal advising the Court that the parties have settled all disputes at issue in the case and requesting that we dismiss the appeal and order each party to bear its own fees and costs as agreed upon by the parties. See TEX. R. APP. P. 42.1(a)(2)(A) (providing that appellate court may dispose of appeal in accordance with agreement signed by parties or their attorneys), (d) (providing that appellate court will tax costs against appellant absent agreement of parties).
Accordingly, we grant the parties' agreed motion to dismiss appeal, and we vacate our March 17, 2020 judgment, dismiss the appeal, and order the parties to bear their own costs and attorney's fees as agreed upon by the parties. The parties have not requested that we withdraw our March 17, 2020 opinion, and we decline to do so. See TEX. R. APP. P. 42. 1(c) ("In dismissing a proceeding, the appellate court will determine whether to withdraw any opinion it has already issued. An agreement or motion for dismissal cannot be conditioned on withdrawal of the opinion."); Houston Cable TV, Inc. v. Inwood W. Civic Ass'n, 860 S.W.2d 72, 73 (Tex. 1993) (per curiam) ("A settlement does not automatically require the vacating of a court of appeals' opinion—either by this court or by the intermediate appellate court.").
Russell Lloyd
Justice Panel consists of Justices Lloyd, Goodman, and Landau.