Narrative Opinion Summary
Appellant Windhaven Medical Imaging, LLC filed a motion to withdraw its restricted appeal without prejudice on January 29, 2014. The Court of Appeals for the Fifth District of Texas granted this motion, resulting in the dismissal of the appeal without prejudice. The dismissal allows Windhaven the option to pursue the appeal at a later date if desired. Additionally, the court ordered that the appellee, Ebenezer Covenant Partners, LLC d/b/a Crown Imaging Services, recover its costs associated with the appeal from Windhaven. The judgment was entered on February 3, 2014, with Justice Evans delivering the opinion and Justices Moseley and Bridges participating.
Legal Issues Addressed
Awarding of Costs to Appelleesubscribe to see similar legal issues
Application: The court ordered Windhaven Medical Imaging, LLC to pay the costs associated with the appeal to the appellee, Ebenezer Covenant Partners, LLC d/b/a Crown Imaging Services.
Reasoning: Additionally, the court ordered that the appellee, Ebenezer Covenant Partners, LLC d/b/a Crown Imaging Services, recover its costs associated with the appeal from Windhaven.
Dismissal of Appeal Without Prejudicesubscribe to see similar legal issues
Application: The Court of Appeals dismissed the appeal without prejudice, which permits the appellant to potentially pursue the appeal at another time.
Reasoning: The Court of Appeals for the Fifth District of Texas granted this motion, resulting in the dismissal of the appeal without prejudice.
Withdrawal of Appeal Without Prejudicesubscribe to see similar legal issues
Application: The court allowed Windhaven Medical Imaging, LLC to withdraw its restricted appeal without prejudice, meaning the appellant retains the right to refile the appeal in the future.
Reasoning: Appellant Windhaven Medical Imaging, LLC filed a motion to withdraw its restricted appeal without prejudice on January 29, 2014.