Opinion
NUMBER 13-18-00205-CV
09-24-2020
PM MANAGEMENT-PORTLAND NC, LLC D/B/A TRISUN CARE CENTER COASTAL PALMS AND SENIOR CARE CENTERS, ET AL., Appellants, v. BENITA MARTINEZ, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF RUBEN MARTINEZ, DECEASED, Appellee.
On appeal from the 148th District Court of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Benavides, Hinojosa, and Tijerina
Memorandum Opinion by Justice Hinojosa
Appellee Benita Martinez, individually and on behalf of the estate of Ruben Martinez, deceased (Martinez) filed suit against appellant PM Management-Portland NC, LLC d/b/a Trisun Care Center Coastal Palms and Senior Care Centers, LLC (PM Management) and appellants, Manzoor A. Bevinal, M.D., Bipasha Nath, M.D., and Corpus Christi Hospitalists, P.L.L.C. (collectively CC Hospitalists). PM Management and CC Hospitalists have each perfected an interlocutory appeal from the trial court's order denying their respective motions to dismiss Martinez's suit.
PM Management and CC Hospitalists have filed separate unopposed motions to dismiss the appeal. PM Management represents that it has reached a settlement agreement with Martinez. CC Hospitalists represent that Martinez has filed a motion to dismiss her claims against them in the trial court. The Court, having considered the documents on file and the unopposed motions to dismiss, is of the opinion that the motions should be granted. See TEX. R. APP. 42.1(a)(1). The motions to dismiss are granted, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See id. R 42.1(d). Having dismissed the appeal at the appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
LETICIA HINOJOSA
Justice Delivered and filed the 24th day of September, 2020.