Stephen Marcum, M.D., P.A. v. Phillip Flowers

Opinion issued September 14, 2021

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-21-00105-CV ———————————

STEPHEN MARCUM, M.D., P.A., Appellant

V.

PHILLIP FLOWERS, Appellee

On Appeal from the 127th District Court Harris County, Texas

Trial Court Case No. 2020-48927

MEMORANDUM OPINION

Appellant, Stephen Marcum, M.D., P.A., filed a notice of appeal of the trial court’s interlocutory order purportedly denying his motion to dismiss the health care liability claim brought against him in the suit of appellee, Phillip Flowers, for negligence. Appellant has now filed a motion to dismiss his appeal.1 See TEX. R. APP. P. 42.1(a)(1). Appellant’s motion includes a certificate of conference representing that appellee is not opposed to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3. No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot.

Julie Countiss Justice Panel consists of Justices Goodman, Landau, and Countiss.