Select Medical Corporation and Select Physical Therapy Holdings, Inc., General...

NO. 07-12-00397-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

SEPTEMBER 25, 2012

SELECT MEDICAL CORPORATION AND SELECT

PHYSICAL THERAPY HOLDINGS, INC., GENERAL PARTNER, AND SELECT PHYSICAL THERAPY

NETWORK SERVICES, INC., LIMITED PARTNER, D/B/A SELECT PHYSICAL THERAPY TEXAS LIMITED

PARTNERSHIP, APPELLANTS v.

ARMSTRONG MOVING & STORAGE INC.; JOSEPH J.

DUX, INDIVIDUALLY AND D/B/A FACILICARE MANAGEMENT SERVICES AND D/B/A CENTRAL

FACILITY SERVICES; DAVID J. MARTIN AND MARTIN ENTERPRISES, LLC, APPELLEES

FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2009-549,544; HONORABLE WILLIAM C. SOWDER, JUDGE

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

On September 18, 2012, appellants, Select Medical Corporation and Select Physical Therapy Holdings, Inc., General Partner, and Select Physical Therapy Network Services, Inc., Limited Partner, d/b/a Select Physical Therapy Texas Limited Partnership, filed a motion to dismiss its appeal of the trial court’s August 18, 2012 Special Appearance Order and August 31, 2012 Dismissal for Lack of Personal Jurisdiction. No decision of this Court having been delivered to date, we grant the motion. Accordingly, appellants’ appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). As there was no contrary agreement of the parties included in appellants’ motion, all costs related to this appeal are assessed against appellants. See TEX. R. APP. P. 42.1(d). If dismissal will prevent appellees from seeking relief to which they would otherwise be entitled, the Court directs any affected appellee to file a timely motion for rehearing. No motion for rehearing from appellants will be entertained.

Mackey K. Hancock Justice