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Houston Metro Ortho and Spine Surgery Center, LLC v. Richard Francis, M.D., Spinal Technologies, LLC, Northstar Healthcare Acquisitions, LLC, Juansrich LTD., and Juansrich Management, LLC

Citation: Not availableDocket: 14-16-00672-CV

Court: Court of Appeals of Texas; October 6, 2016; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Fourteenth Court of Appeals dismissed the petition for permission to appeal filed by Houston Metro Ortho and Spine Surgery Center, LLC (Appellant) against Richard Francis, M.D., Spinal Technologies, LLC, Northstar Healthcare Acquisitions, LLC, Juansrich Ltd., and Juansrich Management, LLC (Appellees). On September 6, 2016, the Appellees filed a motion to dismiss the Appellant's petition, which Northstar later joined. On September 29, 2016, the trial court ordered the striking of the Plaintiff's Ninth Amended Petition, reaffirming that both Northstar and the claims against it had been previously dismissed with prejudice. The court concluded that the Appellees' motion to dismiss the petition for permission to appeal was warranted and granted it, resulting in the dismissal of the Appellant's petition. The decision was rendered by a panel consisting of Justices Christopher, Donovan, and Brown.

Legal Issues Addressed

Dismissal of Appeal Petition

Application: The Fourteenth Court of Appeals dismissed the Appellant's petition for permission to appeal following the Appellees' motion, indicating the court's agreement with the motion's validity.

Reasoning: The court concluded that the Appellees' motion to dismiss the petition for permission to appeal was warranted and granted it, resulting in the dismissal of the Appellant's petition.

Panel Decision

Application: The decision to dismiss the appeal was made by a panel of three justices, demonstrating the collaborative judicial process in appellate review.

Reasoning: The decision was rendered by a panel consisting of Justices Christopher, Donovan, and Brown.

Striking of Amended Pleadings

Application: The trial court struck the Plaintiff's Ninth Amended Petition, affirming the previous dismissal with prejudice of Northstar and the claims against it.

Reasoning: On September 29, 2016, the trial court ordered the striking of the Plaintiff's Ninth Amended Petition, reaffirming that both Northstar and the claims against it had been previously dismissed with prejudice.