                   NUMBER 13-08-00622-CV

                   COURT OF APPEALS

            THIRTEENTH DISTRICT OF TEXAS

              CORPUS CHRISTI - EDINBURG
______________________________________________________________

KINDRED HOSPITAL, L.P.,                                 APPELLANT,

                               v.

HOLLIS SCOTT, JR. AND PAT LAMBRIGHT,
INDIVIDUALLY, ON BEHALF OF THE ESTATE
OF ZELMA JEAN SCOTT, DECEASED, AND
ON BEHALF OF ALL WRONGFUL DEATH
BENEFICIARIES OF ZELMA JEAN SCOTT,
DECEASED, INCLUDING, BUT NOT LIMITED
TO, HOLLIS SCOTT, JR. AND PAT LAMBRIGHT,         APPELLEES.
_____________________________________________________________

             On Appeal from the 105th District Court
                    of Nueces County, Texas.
______________________________________________________________


                 MEMORANDUM OPINION

           Before Justices Rodriguez, Garza, and Vela
               Memorandum Opinion Per Curiam
       Appellant perfected an appeal from a judgment entered by the 105th District Court

of Nueces County, Texas, in cause number 07-2142-D. Appellant has filed an unopposed

motion to dismiss the appeal. Appellant requests that this Court dismiss the appeal.

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

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. In accordance with the agreement of the parties, costs are taxed against the

party that incurred them. See TEX . R. APP. P. 42.1(d). Having dismissed the appeal at

appellant’s request, no motion for rehearing will be entertained, and our mandate will issue

forthwith.



                                                 PER CURIAM

Memorandum Opinion delivered and
filed this the 5th day of March, 2009.




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