                           NUMBER 13-09-00593-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

KNAPP MEDICAL CENTER HOSPITAL,                                              Appellant,

                                          v.

ARACELY RAMOS, INDIVIDUALLY
AND AS NEXT FRIEND FOR JUAN RAMOS,
OFELIA RAMOS, AND AMANDA RAMOS,                    Appellees.
_____________________________________________________________

             On appeal from the 398th District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Yañez and Benavides
                  Memorandum Opinion Per Curiam

      Appellant, Knapp Medical Center Hospital, perfected an appeal from an interlocutory

“Order Denying Dr. Loan Vu and Knapp Medical Center’s Objections to Plaintiffs’ 120-Day

Expert Reports and Motion to Dismiss” rendered by the 398th District Court of Hidalgo
County, Texas, on October 6, 2009, in trial court cause number C-765-09-1. Appellant has

now filed a motion to dismiss the appeal on grounds that the appellees have agreed to

voluntarily dismiss all direct negligence claims against it. Appellant requests that this Court

dismiss the appeal without prejudice.

       The Court, having considered the documents on file and appellant’s motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX . R. APP.

P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is hereby DISMISSED

WITHOUT PREJUDICE. Costs will be taxed against appellant. See id. 42.1(d) (“Absent

agreement of the parties, the court will tax costs against the appellant.”). Having dismissed

the appeal at appellant’s request, no motion for rehearing will be entertained, and our

mandate will issue forthwith.

                                                                         PER CURIAM

Delivered and filed the
20th day of May, 2010.




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