In Re: Longview Medical Center, L.P. D/B/A Longview Regional Medical Center v. the State of Texas

NO. 12-24-00068-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: LONGVIEW MEDICAL §
CENTER, L.P. D/B/A LONGVIEW
REGIONAL MEDICAL CENTER, § ORIGINAL PROCEEDING
RELATOR
§

MEMORANDUM OPINION OF DISMISSAL
PER CURIAM

Real Parties in Interest Korry Shelton and Stephanie Shelton, individually and on behalf of
R.S., a minor (collectively the Sheltons) filed a motion for rehearing, in which they represent that
the parties entered into a settlement agreement regarding the underlying litigation, which renders
the issues in this original proceeding moot. 1 We abated our order granting conditional relief and
requested a response from Relator Longview Medical Center, L.P. d/b/a/ Longview Regional
Medical Center (LRMC), but LRMC declined to respond.
On August 22, 2024, the Sheltons provided this court with a signed copy of the settlement
agreement between the parties and a joint motion to dismiss this original proceeding. Because we
conclude that the parties satisfied the requirements of Texas Rule of Appellate Procedure
42.1(a)(2), we grant the Sheltons’ motion for rehearing and, further, grant the parties’ joint motion
to dismiss. Accordingly, this court’s opinion of July 10, 2024, is withdrawn, our order by which

1 Respondent is the Honorable Vincent Dulweber, Judge of the County Court at Law Number 2 in Gregg

County, Texas.
we conditionally granted in part and denied in part mandamus relief, is vacated, and LRMC’s
petition for writ of mandamus is dismissed as moot. Our stay of July 12, 2024 is lifted.

Opinion delivered August 29, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Bass, Retired J., Twelfth Court of Appeals,
sitting by assignment.

2
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT
AUGUST 29, 2024

NO. 12-24-00068-CV

LONGVIEW MEDICAL CENTER, L.P. D/B/A LONGVIEW
REGIONAL MEDICAL CENTER,
Relator
V.
HON. JUDGE VINCENT DULWEBER,
Respondent
Appeal from the County Court at Law No. 2
of Gregg County, Texas (Tr.Ct.No. 2021-1734-CCL2)

ON THIS DAY came to be heard the joint motion to dismiss the petition for writ of
mandamus filed by Longview Medical Center, L.P. d/b/a Longview Regional Medical Center
(LRMC); who is the Relator in appellate cause number 12-24-00068-CV and the Defendant in trial
court cause number 2021-1734-CCL2, pending on the docket of the County Court at Law No. 2
of Gregg County, Texas. Said petition for writ of mandamus having been filed herein on April 1,
2024, and the same having been duly considered, because it is the opinion of this Court that the
writ should not issue, it is therefore CONSIDERED, ADJUDGED, and ORDERED that the joint
motion to dismiss be granted and said petition for writ of mandamus be, and the same is, hereby
dismissed, and each party bear their own costs of this appeal in accordance with the opinion of
this court.

By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J., and Bass, Retired J., Twelfth Court of Appeals,
sitting by assignment.