COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
TX MEDICAL OFFICE, LP, §
FL MEDICAL OFFICE, LLC,
CA MEDICAL OFFICE, LP, AND § No. 08-12-00263-CV
MOB PORTFOLIO ASSOCIATES, LLC,
§ Appeal from
Appellants,
§ 34th District Court
v.
§ of El Paso County, Texas
TENET HEALTH SYSTEM
HOSPITALS, INC. § (TC # 2010-1628)
Appellee. §
MEMORANDUM OPINION
Pending before the Court is a joint motion to dispose of this appeal in accordance with
the parties’ agreement. See TEX.R.APP.P. 42.1(a)(2)(A). The parties filed a joint motion for
disposition pursuant to a settlement agreement, stating that all issues in dispute have been fully
resolved and requesting that we vacate the trial court’s judgment, dismiss the case, and render
judgment effectuating the parties’ settlement agreement. See TEX.R.APP.P. 42.1(a)(2)(A)
(permitting appeals court to dispose of appeal by rendering judgment effectuating the parties’
agreement); TEX.R.APP.P. 43.2(e)(permitting the appeals court to vacate the trial court’s
judgment and dismiss the case). The settlement agreement specifically requests that this Court
dismiss the case as follows:
(a) all claims, counterclaims, or causes of action asserted in the Case as to the Site
known by the parties as ‘Alvarado Medical Plaza II’ are dismissed without
prejudice to refiling of same, and
(b) all remaining claims, counterclaims, or causes of action asserted in the Case
are dismissed with prejudice to refiling of same.
[Emphasis in original]. Both parties have signed the settlement agreement and filed it with the
Clerk of this Court in accordance with TEX.R.APP.P. 42.1(a)(2).
The motion is granted. The trial court’s judgment signed on July 31, 2012 is vacated, and
the case is dismissed pursuant to the terms of the settlement agreement in that all claims,
counterclaims, or causes of action as to the “Alvarado Medical Plaza II” site are dismissed
without prejudice and all remaining claims, counterclaims, or causes of action are dismissed with
prejudice. See TEX.R.APP.P. 42.1(a)(2)(A), 43.2(e). Because the settlement agreement recites
that each party shall bear its own costs and attorney’s fees in the case, costs of appeal are taxed
against the parties who have incurred them. See TEX.R.APP.P. 42.1(d)(providing that in absence
of an agreement by the parties, costs will be taxed against the appellant).
August 21, 2013 ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
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