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Ambassador Health Care, Inc. D/B/A Danforth Gardens v. Nursefinders, Inc.

Citation: Not availableDocket: 02-05-00282-CV

Court: Court of Appeals of Texas; March 1, 2006; Texas; State Appellate Court

Narrative Opinion Summary

The Court of Appeals for the Second District of Texas ruled on the appeal case between Ambassador Health Care, Inc., d/b/a Danforth Gardens (Appellant), and Nursefinders, Inc. (Appellee). The court reviewed the Appellant's "Motion To Dismiss Appeal" and concluded that the motion should be granted. Consequently, the court dismissed the appeal, citing Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). The Appellant is responsible for the costs of the appeal, and an execution for those costs will be issued. The decision was delivered per curiam by Judges Holman, Gardner, and Walker on March 2, 2006.

Legal Issues Addressed

Allocation of Costs in Dismissed Appeals

Application: The court determined that the appellant, Ambassador Health Care, Inc., is responsible for the costs of the appeal following the dismissal.

Reasoning: The Appellant is responsible for the costs of the appeal, and an execution for those costs will be issued.

Dismissal of Appeal under Texas Rules of Appellate Procedure

Application: The court applied the Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f) to dismiss the appeal upon reviewing the appellant's motion.

Reasoning: The court reviewed the Appellant's 'Motion To Dismiss Appeal' and concluded that the motion should be granted. Consequently, the court dismissed the appeal, citing Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).