David Rosemond and Jorge Rodriguez v. El Paso Healthcare System, Ltd., dba Las Palmas Medical Center and First Choice Ultrasound, Inc.--Appeal from 346th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DAVE ROSEMOND and JORGE )

RODRIGUEZ, ) No. 08-05-00221-CV

)

Appellants, ) Appeal from the

)

v. ) 346th District Court

)

EL PASO HEALTHCARE SYSTEM, LTD., ) of El Paso County, Texas

d/b/a LAS PALMAS MEDICAL CENTER, )

) (TC# 2002-2151)

Appellee. )

)

O P I N I O N

Pending before the Court is a joint motion to vacate the trial court=s judgment and dismiss the appeal pursuant to Tex.R.App.P. 42.1. The parties represent to the Court that the controversy made the basis of this cause has been settled by agreement between the parties after mediation ordered by this Court. The parties request that the trial court=s judgment be vacated and this appeal be dismissed. The parties request the appeal of this cause be dismissed with costs taxed against the party incurring them. See Tex.R.App.P. 42.1(d). The Court has considered this cause upon the parties= joint motion and has concluded that the motion should be granted. Therefore, we vacate the trial court=s judgment and dismiss the appeal. Costs will be taxed against the party incurring same.

September 22, 2005

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.