Summary
The United States Court of Appeals for the Fifth Circuit granted the parties’ unopposed motion to dismiss the appeal with prejudice. The court ordered each party to bear its own costs and attorney’s fees, vacated the panel opinion issued on August 11, 2025, and denied all pending motions and petitions as moot.
Topics
Practice areas
Questions Presented
- Whether the unopposed motion to dismiss the appeal with prejudice should be granted.
- Whether the previously issued panel opinion should be vacated following dismissal of the appeal.
- Whether pending motions and petitions should be denied as moot.
Holdings
- The unopposed motion to dismiss the appeal with prejudice was granted.
- The panel opinion issued on August 11, 2025, and reported at 150 F.4th 411, was vacated.
- Each party was ordered to bear its own costs and attorney's fees.
- All pending motions and petitions were denied as moot.
Key quotations
“IT IS ORDERED that the unopposed motion to dismiss the appeal with prejudice is GRANTED.” (Page 1)
“IT IS FURTHER ORDERED that the panel opinion issued on August 11, 2025, and reported at 150 F.4th 411 (5th Cir. 2025) is VACATED.” (Page 1)
“IT IS FURTHER ORDERED that all pending motions and petitions are DENIED AS MOOT.” (Page 2)
Factual background
The appeal was brought by Tisha Palms against Texas Children's Hospital, Incorporated. The parties jointly or unopposedly sought dismissal of the appeal with prejudice. The order does not describe the underlying substantive facts.
Procedural history
The appeal arose from the Southern District of Texas in Case No. 4:22-CV-3992. The Fifth Circuit had issued a panel opinion on August 11, 2025, reported at 150 F.4th 411. On December 3, 2025, the court granted the unopposed motion to dismiss the appeal with prejudice, vacated the panel opinion, assessed each party its own costs and attorney's fees, and denied all pending motions and petitions as moot.