# Kenneth J. Lee, M.D., KL Modern Spine, PLLC, Karlyn J. Powell, M.D. v. Tony Le

> Texas Court of Appeals, 1st District (Houston) · June 12, 2018

URL: https://www.frixlaw.com/law-library/cases/4283557

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** June 12, 2018
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Memorandum Order issued June 12, 2018

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-18-00309-CV
———————————
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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4283557. Public record. Not legal advice.