                     NUMBER 13-08-00540-CV

                     COURT OF APPEALS

             THIRTEENTH DISTRICT OF TEXAS

               CORPUS CHRISTI - EDINBURG
______________________________________________________________

RIVER RIDGE NURSING CENTER IN ITS
ASSUMED OR COMMON NAME, ET AL.,                            Appellants,

                                  v.

GAYLYNNE NEMEC, INDIVIDUALLY,
AS REPRESENTATIVE OF THE ESTATE
OF CATHERINE PARKER, AS WRONGFUL
DEATH BENEFICIARY OF CATHERINE
PARKER, ET AL.,                                    Appellees.
_____________________________________________________________

             On appeal from the 214th District Court
                    of Nueces County, Texas.
______________________________________________________________

                   MEMORANDUM OPINION

   Before Chief Justice Valdez and Justices Rodriguez and Benavides
                   Memorandum Opinion Per Curiam
       Appellants, River Ridge Nursing Center in its assumed or common name, et. al.,

perfected an appeal from a judgment entered by the 214th District Court of Nueces

County, Texas, in cause number 07-4563-F. Appellants have filed a motion to dismiss the

appeal on grounds that it no longer desires to prosecute their suit against appellees.

Appellants request that this Court dismiss the appeal.

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

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

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

Costs will be taxed against appellants. See TEX . R. APP. P. 42.1(d) ("Absent agreement of

the parties, the court will tax costs against the appellant."). Having dismissed the appeal

at appellants’ request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.



                                                              PER CURIAM

Memorandum Opinion delivered and filed
this the 15th day of January, 2009.




                                            2
