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Allen Duane Catterson, M.D. v. Patty Martin, Individually and as of the Estate of Donald Martin

Citation: Not availableDocket: 07-00-00588-CV

Court: Court of Appeals of Texas; June 12, 2002; Texas; State Appellate Court

Narrative Opinion Summary

Catterson v. Martin involves an appeal from the 152nd District Court of Harris County, Texas, concerning Allen Catterson, MD, and Kelsey-Seybold Clinic Medical Group as appellants against Patty Martin, individually and on behalf of the estates of Donald F. Martin and as next friend of minor child April Nicole Martin, as appellee. The case is summarized as follows: Both parties submitted a joint motion to vacate the trial court's judgment and dismiss the appeal, citing the resolution of their dispute through a confidential agreement. The Court of Appeals granted the motion, resulting in the dismissal of the appeal under Texas Rule of Appellate Procedure 42.1(a)(2). The court stated that no motion for rehearing would be considered due to the dismissal being at the request of the parties, and the mandate would be issued immediately. The decision was rendered per curiam and is not intended for publication.

Legal Issues Addressed

Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(2)

Application: The appeal was dismissed following the parties' joint motion to vacate the trial court's judgment due to a confidential agreement resolving their dispute.

Reasoning: Both parties submitted a joint motion to vacate the trial court's judgment and dismiss the appeal, citing the resolution of their dispute through a confidential agreement.

Immediate Issuance of Mandate without Rehearing

Application: The court decided that no motion for rehearing would be entertained, and an immediate mandate was issued as the dismissal was requested by both parties.

Reasoning: The court stated that no motion for rehearing would be considered due to the dismissal being at the request of the parties, and the mandate would be issued immediately.