Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians, Angela Mathews, Leah Ann Gonski Marino F/K/A Leah Ann Gonski, and Jaou-Chen Huang, M.D.
Order issued November 20, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00767-CV
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SHIRLEY LENOIR, INDIVIDUALLY AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF SHANA LENOIR AND
CHRISTOPHER MCKNIGHT, INDIVIDUALLY AND AS NEXT FRIEND
OF NAYLA MCKNIGHT, Appellants
V.
U.T. PHYSICIANS, Appellee
On Appeal from the 164th District Court
Harris County, Texas
Trial Court Case No. 2012-35806
MEMORANDUM ORDER OF DISMISSAL
Appellants, Shirley Lenoir and Christopher McKnight, filed a notice of
appeal on September 12, 2014, appealing from the trial court’s August 14, 2014
order granting Appellee U.T. Physician’s plea to the jurisdiction. On October 31,
2014, appellants filed “Appellants’ Unopposed Partial Dismissal of Appellee
Insperity Peo Services, L.P.” No other party has filed a notice of appeal, and no
opinion has issued. Further, although the certificate of conference in the motion
indicates appellees could not be reached, more than 10 days have passed and no
party has objected to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).
Accordingly, we GRANT the motion and ORDER that appellants’ appeal
from the trial court’s order be dismissed as to appellees Insperity Peo Services,
L.P.. See TEX. R. APP. P. 42.1(a)(1), 42.1(b). Appellants’ appeal remains pending
as to appellee U.T. Physicians.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Brown.
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