Birdell Daughtery and Leslie Daughtery, Individually and as Representatives of the Estate of Reta Daughtery v. David Schiessler, CRNA and Abilene Diagnostic Clinic, P.L.LC. (ARMC, L.P. D/B/A Abilene Regional Medical Center and TRIAD-ARMC, LLC)

Opinion filed July 13, 2006

 

 

Opinion filed July 13, 2006

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                 ____________

 

                                                          No. 11-06-00005-CV

                                                    __________

 

     BIRDELL DAUGHTERY AND LESLIE DAUGHTERY, INDIVIDUALLY                

                          AND AS REPRESENTATIVES OF THE ESTATE OF 

                                RETA  DAUGHTERY, DECEASED, Appellants

 

                                                             V.

 

   DAVID SCHIESSLER, CRNA; ABILENE DIAGNOSTIC CLINIC P.L.L.C.;        

      ARMC, L.P. D/B/A ABILENE REGIONAL MEDICAL CENTER; AND                                                         TRIAD-ARMC, L.L.C., Appellees

 

 

                                          On Appeal from the 42nd District Court

 

                                                          Taylor County, Texas

 

                                                  Trial Court Cause No. 46250-A

 

 

                                            M E M O R A N D U M     O P I N I O N


Birdell Daughtery; Leslie Daughtery; Abilene Regional Medical Center, L.P. d/b/a Abilene Regional Medical Center; and Triad-ARMC, L.L.C. have filed in this court an agreement regarding dismissal.  Both Birdell and Leslie have entered into the agreement in their individual capacities as well as in their capacities as representatives of the Estate of Reta Daughtery, deceased.  The agreement states that these parties have agreed to dismiss their portions of this appeal.  The agreement specifically excludes Birdell and Leslie=s appeal concerning David Schiessler, CRNA and Abilene Diagnostic Clinic, P.L.L.C.

Therefore, Birdell Daughtery and Leslie Daughtery=s appeal as to Abilene Regional Medical Center, L.P. d/b/a Abilene Regional Medical Center and Triad-ARMC, L.L.C. is dismissed.  The remaining appeal is styled Birdell Daughtery and Leslie Daughtery, individually and as representatives of the Estate of Reta Daughtery, deceased v. David Schiessler, CRNA and Abilene Diagnostic Clinic, P.L.L.C.

 

PER CURIAM

 

July 13, 2006

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.