Rusk State Hospital, Texas Health and Human Services Commission and Kerri Taylor v. David McGowan ( 2021 )


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  •                                   NO. 12-21-00086-CV
    IN THE COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT
    TYLER, TEXAS
    RUSK STATE HOSPITAL, TEXAS                       §      APPEAL FROM THE 2ND
    HEALTH AND HUMAN SERVICES
    COMMISSION AND KERRI TAYLOR,
    APPELLANTS
    §      JUDICIAL DISTRICT COURT
    V.
    DAVID MCGOWAN,
    APPELLEE                                         §      CHEROKEE COUNTY, TEXAS
    MEMORANDUM OPINION
    PER CURIAM
    Appellants, Rusk State Hospital, Texas Health and Human Services Commission, and
    Kerri Taylor, and Appellee, David McGowan, filed a stipulation to dismiss this appeal. The
    parties ask that this Court set aside the trial court’s orders granting McGowan’s Rule 202 petition
    and denying Appellants’ plea to the jurisdiction, and remand the case to the trial court to dismiss
    McGowan’s Rule 202 petition.
    Texas Rule of Appellate Procedure 42.1 sets forth the actions that this Court may take in
    accordance with an agreement signed by the parties or their attorneys and filed with the clerk.
    TEX. R. APP. P. 42.1(a)(2). This includes setting aside the trial court’s judgment without regard
    to the merits and remanding the case to the trial court for rendition of judgment in accordance
    with the agreement. TEX. R. APP. P. 42.1(a)(2)(B).
    Accordingly, we grant the agreed motion to dismiss. See TEX. R. APP. P. 42.1(a)(2)(A).
    We render judgment setting aside the trial court’s May 14, 2021 order granting McGowan’s
    Rule 202 petition and its May 24, 2021 order denying Appellants’ plea to the jurisdiction,
    without regard to the merits. See TEX. R. APP. P. 42.1(a)(2)(B). We remand the case to the trial
    court for rendition of judgment in accordance with the parties’ agreement. See id.
    Opinion delivered November 17, 2021.
    Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    NOVEMBER 17, 2021
    NO. 12-21-00086-CV
    RUSK STATE HOSPITAL, TEXAS HEALTH AND
    HUMAN SERVICES COMMISSION AND KERRI TAYLOR,
    Appellants
    V.
    DAVID MCGOWAN,
    Appellee
    Appeal from the 2nd District Court
    of Cherokee County, Texas (Tr.Ct.No. 2021-040098)
    THIS CAUSE came on to be heard on the agreed motion of the Appellants
    and Appellee to dismiss, and the same being considered, it is hereby ORDERED, ADJUDGED
    and DECREED by this Court that the motion be granted; judgment is rendered setting aside the
    trial court’s May 14, 2021 order granting Appellee’s Rule 202 petition and its May 24, 2021
    order denying Appellants’ plea to the jurisdiction, without regard to the merits; the cause is
    remanded to the trial court for rendition of judgment in accordance with the parties’ agreement,
    and that the decision be certified to the court below for observance.
    By per curiam opinion.
    Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
    

Document Info

Docket Number: 12-21-00086-CV

Filed Date: 11/17/2021

Precedential Status: Precedential

Modified Date: 11/22/2021