Narrative Opinion Summary
Appellants Brian Kern, O.D., Peter M. Ho, M.D. d/b/a Texas Vision Associates, P.A., and Ming-Tao Ho, M.D. a/k/a “Peter” M. Ho, M.D. filed a motion for voluntary dismissal of their appeal on November 25, 2014, which was supported by a certificate of conference indicating that the appellees do not oppose the dismissal. The Court of Appeals for the Seventh District of Texas at Amarillo granted the motion, resulting in the dismissal of the appeal. Since the motion did not address the allocation of appeal costs, the court imposed costs on the appellants. The court stated that it will not consider any motion for rehearing and will issue its mandate immediately.
Legal Issues Addressed
Allocation of Appeal Costssubscribe to see similar legal issues
Application: Since the motion did not address the allocation of appeal costs, the court imposed costs on the appellants.
Reasoning: Since the motion did not address the allocation of appeal costs, the court imposed costs on the appellants.
Issuance of Mandate Upon Dismissalsubscribe to see similar legal issues
Application: The court decided to issue its mandate immediately and stated it would not consider any motion for rehearing.
Reasoning: The court stated that it will not consider any motion for rehearing and will issue its mandate immediately.
Voluntary Dismissal of Appealsubscribe to see similar legal issues
Application: The appellants filed a motion for voluntary dismissal of their appeal, which was granted by the court.
Reasoning: Appellants Brian Kern, O.D., Peter M. Ho, M.D. d/b/a Texas Vision Associates, P.A., and Ming-Tao Ho, M.D. a/k/a “Peter” M. Ho, M.D. filed a motion for voluntary dismissal of their appeal on November 25, 2014, which was supported by a certificate of conference indicating that the appellees do not oppose the dismissal.