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Marcum v. Flowers

Court of Appeals of Texas, First District
Sep 14, 2021
No. 01-21-00105-CV (Tex. App. Sep. 14, 2021)

Opinion

01-21-00105-CV

09-14-2021

TEPHEN MARCUM, M.D., P.A., Appellant v. PHILLIP FLOWERS, Appellee


On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2020-48927

Panel consists of Justices Goodman, Landau, and Countiss.

MEMORANDUM OPINION

Julie Countiss Justice

Appellant, Stephen Marcum, M.D., P.A., filed a notice of appeal of the trial court's interlocutory order purportedly denying his motion to dismiss the health care liability claim brought against him in the suit of appellee, Phillip Flowers, for negligence. Appellant has now filed a motion to dismiss his appeal. See TEX. R. APP. P. 42.1(a)(1). Appellant's motion includes a certificate of conference representing that appellee is not opposed to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3. No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(c).

On September 2, 2021, in accordance with Texas Rule of Appellate Procedure 42.3, the Clerk of the Court provided appellant with notice of the Court's intention to dismiss his appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a). In response, appellant filed his motion to dismiss.

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot.


Summaries of

Marcum v. Flowers

Court of Appeals of Texas, First District
Sep 14, 2021
No. 01-21-00105-CV (Tex. App. Sep. 14, 2021)
Case details for

Marcum v. Flowers

Case Details

Full title:TEPHEN MARCUM, M.D., P.A., Appellant v. PHILLIP FLOWERS, Appellee

Court:Court of Appeals of Texas, First District

Date published: Sep 14, 2021

Citations

No. 01-21-00105-CV (Tex. App. Sep. 14, 2021)