Opinion
NO. 09-12-00082-CV
09-27-2012
SADLER CLINIC ASSOCIATION, P.A., Appellant v. NORA C. HART, TAWFIQ GORDY ALAM, SANJAYKUMAR PATEL, TEMITONE SOARES AND BENNY WANG, Appellees
On Appeal from the 9th District Court
Montgomery County, Texas
Trial Cause No. 09-08-07706 CV
MEMORANDUM OPINION
The appellant, Sadler Clinic Association, P.A., filed a motion to dismiss this accelerated appeal of an order denying a temporary injunction. The motion is voluntarily made by the sole appellant prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(1). Before appellant filed the motion to dismiss, the appellees filed a brief that requested frivolous appeal damages. See Tex. R. App. P. 45.
We grant the appellant's motion to dismiss and dismiss the appeal. Appellees' request for frivolous appeal damages is denied.
The final judgment in a severed cause is the subject of a separate appeal by Sadler Clinic Association, P.A. This dismissal of the accelerated appeal from an interlocutory order in Trial Cause No. 09-08-07706 CV is without prejudice to the right to appeal the final judgment in Trial Cause No. 12-02-01579 CV.
APPEAL DISMISSED.
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CHARLES KREGER
Justice
Before Gaultney, Kreger, and Horton, JJ.