Narrative Opinion Summary
The Court of Appeals for the Second District of Texas has granted HealthSouth Corporation's unopposed motion to dismiss its appeal against Fort Worth Endoscopy Center Partners, LP. The dismissal is in accordance with Texas Rules of Appellate Procedure, specifically sections 42.1(a)(1) and 43.2(f). The court ordered that the costs of the appeal are to be borne by the party incurring them, with execution for costs as permitted under Texas Rule of Appellate Procedure 43.4. The opinion was delivered by a panel consisting of Justices Livingston, Dauphinot, and Walker on August 31, 2007.
Legal Issues Addressed
Allocation of Costs in Dismissed Appealssubscribe to see similar legal issues
Application: The costs associated with the appeal are assigned to the party incurring them, consistent with state appellate rules.
Reasoning: The court ordered that the costs of the appeal are to be borne by the party incurring them, with execution for costs as permitted under Texas Rule of Appellate Procedure 43.4.
Voluntary Dismissal of Appeal under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The court granted HealthSouth Corporation's motion to dismiss its appeal in accordance with procedural rules allowing for voluntary dismissal.
Reasoning: The Court of Appeals for the Second District of Texas has granted HealthSouth Corporation's unopposed motion to dismiss its appeal against Fort Worth Endoscopy Center Partners, LP.