THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER v. ISAAC LIOU (2011)

MEMORANDUM OPINION

Opinion By Justice Francis

Isaac Liou sued the University of Texas Southwestern Medical Center seeking attorney's fees and a permanent injunction reversing his expulsion from medical school and placing him in classes as a first year medical student.   UT Southwestern filed a plea to the jurisdiction based on sovereign immunity which the trial court denied.   UT Southwestern then filed an interlocutory appeal of the denial of its plea to the jurisdiction.

After UT Southwestern filed its brief, Liou filed his brief in which he states he “consents to and requests dismissal of his case against UT Southwestern with prejudice to his claims against that entity only.”   Liou states he wishes to proceed with his suit against the officials of UT Southwestern who are parties to the trial court proceeding below but are not parties to this appeal.

In light of this, we vacate the trial court's April 14, 2011 order denying UT Southwestern's plea to the jurisdiction.   We remand this cause to the trial court for entry of an order dismissing with prejudice Liou's claims against UT Southwestern only.   See Tex.R.App. P. 43.2(d).

110505F.P05

MOLLY FRANCIS JUSTICE