Narrative Opinion Summary
Hisham Bismar, M.D. filed a motion to dismiss his appeal in the case against Dorothy A. Morehead, Vaughn R. Morehead, and James P. Morehead, III, individually and as heirs of Gloria Morehead, deceased. The Court of Appeals for the Second District of Texas granted this motion, resulting in the dismissal of Hisham Bismar's appeal. Consequently, the case will now proceed under the title "Mike Bismar, M.D. v. Dorothy A. Morehead, Vaughn R. Morehead and James P. Morehead, III, Individually and as Heirs at Law of Gloria Morehead, Deceased." Hisham Bismar, M.D. is responsible for his own costs of appeal, with the court allowing for execution on those costs. The decision was delivered by a panel consisting of Chief Justice Cayce and Justices Livingston and Dauphinot on November 21, 2007.
Legal Issues Addressed
Change of Case Titlesubscribe to see similar legal issues
Application: Following the dismissal of Hisham Bismar's appeal, the case title was amended to reflect Mike Bismar, M.D. as the appellant against the Morehead heirs.
Reasoning: Consequently, the case will now proceed under the title 'Mike Bismar, M.D. v. Dorothy A. Morehead, Vaughn R. Morehead and James P. Morehead, III, Individually and as Heirs at Law of Gloria Morehead, Deceased.'
Costs of Appealsubscribe to see similar legal issues
Application: The court determined that Hisham Bismar, M.D. would be responsible for his own costs associated with the appeal, and execution on those costs is permitted.
Reasoning: Hisham Bismar, M.D. is responsible for his own costs of appeal, with the court allowing for execution on those costs.
Motion to Dismiss Appealsubscribe to see similar legal issues
Application: The appellant, Hisham Bismar, M.D., filed a motion to dismiss his own appeal, which was granted by the Court of Appeals, leading to the dismissal of the appeal.
Reasoning: Hisham Bismar, M.D. filed a motion to dismiss his appeal in the case against Dorothy A. Morehead, Vaughn R. Morehead, and James P. Morehead, III, individually and as heirs of Gloria Morehead, deceased. The Court of Appeals for the Second District of Texas granted this motion, resulting in the dismissal of Hisham Bismar's appeal.