Tenet Hospitals Limited D/B/A Providence Memorial Hospital v. Barbara Riofrio

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS



TENET HOSPITALS LIMITED, D/B/A PROVIDENCE MEMORIAL HOSPITAL,

Appellant,



v.



BARBARA RIOFRIO,



Appellee.

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No. 08-07-00264-CV

Appeal from the



County Court at Law No. Six



of El Paso County, Texas



(TC# 2007-337)



MEMORANDUM OPINION

Pending before the Court is Appellant's motion to dismiss this appeal pursuant to Tex. R. App. P. 42.1(a)(1). Appellant represents to the Court that the parties have reached a settlement agreement in the underlying case and therefore it no longer wishes to pursue this appeal. Appellee has not objected to the motion, and there is no indication that dismissal would prevent Appellee from seeking any relief to which she would otherwise be entitled. See Tex. R. App. P. 42.1(a)(1). We therefore grant Appellant's motion, and dismiss the appeal pursuant to the parties' settlement agreement. As the motion does not indicate the parties have agreed otherwise, costs will be taxed against Appellant. See Tex. R. App. P. 42.1(d).



KENNETH R. CARR, Justice

October 9, 2008



Before McClure, J., Carr, J., and Gomez, Judge

Gomez, Judge, sitting by assignment