Narrative Opinion Summary
An unopposed motion to dismiss the appeal filed by Fresinius Medical Care Holdings, Inc. has been granted by the Court of Appeals for the First District of Texas. The case, originally from the 334th District Court in Harris County, Texas, involved Darrell K. McAlexander and Judy Gallo as appellees. Since no opinion was issued, the appeal is dismissed pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). All other pending motions related to this appeal are considered moot. The Clerk is instructed to issue a mandate within 10 days of the opinion date. The decision was made by a panel consisting of Justices Keyes, Alcala, and Hanks.
Legal Issues Addressed
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The Court of Appeals for the First District of Texas granted an unopposed motion to dismiss the appeal, applying the rule that permits dismissal of an appeal without a decision on the merits when certain criteria are met.
Reasoning: Since no opinion was issued, the appeal is dismissed pursuant to Texas Rule of Appellate Procedure 42.1(a)(1).
Effect of Moot Motions in Appellate Proceedingssubscribe to see similar legal issues
Application: All other pending motions related to this appeal were deemed moot following the dismissal of the appeal, indicating that these motions no longer required judicial consideration.
Reasoning: All other pending motions related to this appeal are considered moot.
Issuance of Mandate by Court Clerksubscribe to see similar legal issues
Application: The Court directed the Clerk to issue a mandate within a specific timeframe following the opinion date, ensuring procedural compliance with court orders post-dismissal.
Reasoning: The Clerk is instructed to issue a mandate within 10 days of the opinion date.