CHCA Clear Lake, L.P., CHCA Clear Lake, L.P. D/B/A Clear Lake Regional Medical Center, Inc. and Clear Lake Regional Medical Center v. James A. Simmons , Jr. as Representative and Independent of the Estate of James A. Simmons Sr., as Wrongful Death Beneficiary of James A. Simmons Sr,. Representative of All Other Wrongful Death Beneficiaries of James A. Simmons, Sr., and as Heir

Opinion issued July 15, 2010

















In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-09-00704-CV

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CHCA CLEAR LAKE, L.P.; CHCA CLEAR LAKE, L.P. d/b/a CLEAR LAKE REGION MEDICAL CENTER, INC.; AND CLEAR LAKE REGIONAL MEDICAL CENTER, Appellants



V.



JAMES A. SIMMONS, JR., AS REPRESENTATIVE AND INDEPENDENT EXECUTOR OF THE ESTATE OF JAMES A. SIMMONS SR., AS WRONGFUL DEATH BENEFICIARY OF JAMES A. SIMMONS, SR., REPRESENTATIVE OF ALL OTHER WRONGFUL DEATH BENEFICIARIES OF JAMES A. SIMMONS, SR., AND AS HEIR, Appellee




On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2008-53888




MEMORANDUM OPINION

Appellant has filed a motion to dismiss the appeal. More than 10 days have elapsed, and no objection has been filed. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Sharp.