COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § No. 08-22-00091-CV KENNETH H. ARCHIBALD AND ARCHIBALD & ASSOCIATES, INC., § Appeal from the Appellants, § 327th District Court v. § of El Paso County, Texas EL PASO ORTHOPEDIC SURGERY § (TC# 2015-DCV2669) GROUP, P.A., BRETT HENDERSON, M.D. AND THE MEDICAL § PROTECTIVE COMPANY, § Appellees.

§ ORDER On our own motion, and pursuant to TEX.R.APP.P. 39.1, the Court finds that oral argument in the above styled and numbered cause would not materially aid in the disposition of this cause.

Accordingly, the Court vacates the oral argument setting of February 23, 2023, at 11:00 a.m., and this cause will be submitted without oral argument on that same date.

IT IS SO ORDERED this 1st day of February, 2023.

PER CURIAM Before Rodriguez, C.J., Soto, J. and Ferguson, Judge Ferguson, Judge, sitting by assignment