The opinion
Memorandum Order issued June 12, 2018
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00309-CV
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FIRST STREET HOSPITAL L.P. D/B/A FIRST SURGICAL HOSPITAL,
KENNETH J. LEE, M.D., KL MODERN SPINE, PLLC, KARLYN J.
POWELL, M.D., Appellants
V.
TONY LE, Appellee
On Appeal from the 11th District Court
Harris County, Texas
Trial Court Cause No. 2017-62649
MEMORANDUM ORDER
Appellant, First Street Hospital L.P. d/b/a First Surgical Hospital, has filed a
motion to dismiss its appeal. See TEX. R. APP. P. 42.1(a)(1).1 Appellant First
Street contends that it and the appellee have reached a settlement agreement and
further requests that each party be directed to pay its own appellate costs. See TEX.
R. APP. P. 42.1(d). Although appellant First Street’s motion does not contain a
certificate of conference, it contains a certificate of service on counsel for all
parties, has been on file with this Court for more than ten days, and no party has
responded to the motion. See TEX. R. APP. P. 9.5(d), (e), 10.1(a)(5), 10.3(a)(2).
Accordingly, we grant appellant First Street’s motion and dismiss its appeal
and, upon issuance of this Court’s judgment, appellate costs are to be taxed against
the party who incurred the same. See TEX. R. APP. P. 42.1(a)(1), (d), 43.2(f). The
appeals by Kenneth J. Lee, M.D. and KL Modern Spine, PLLC, and Karlyn J.
Powell, M.D., remain pending. See TEX. R. APP. P. 42.1(b).
PER CURIAM
Panel consists of Justices Higley, Brown, and Caughey.
1
Three other appellants, Kenneth J. Lee, M.D. and KL Modern Spine, PLLC, and
Karlyn J. Powell, M.D., have also filed two separate notices of appeal, but are not
moving to dismiss.
2