Sheryl Hintz, Individually and as Administratix of the Estate of Ann Ferguson Bonk, Deceased v. Mariner Health of Nashville, Inc. d/b/a Mariner Health at Woodwind Lakes; Mariner Post-Acute Network Inc. d/b/a Mariner Health at Woodwind Lakes; Mariner Health at Woodwind Lakes; Rex Hughes and Kathleen Doty--Appeal from Probate Court No 4 of Harris County

Dismissed and Memorandum Opinion filed February 10, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-00994-CV

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SHERYL HINTZ, Individually and as Administratrix of the Estate of

ANN FERGUSON BONK, Deceased, Appellant

V.

MARINER HEALTH OF NASHVILLE, INC. d/b/a MARINER HEALTH AT WOODWIND LAKES; MARINER POST-ACUTE NETWORK, INC. d/b/a MARINER HEALTH AT WOODWIND LAKES; MARINER HEALTH AT WOODWIND LAKES; REX HUGHES; and KATHLEEN DOTY, Appellees

On Appeal from the Probate County Court No. 4

Harris County, Texas

Trial Court Cause No. 313,137-402

M E M O R A N D U M O P I N I O N

This is an appeal from an order of dismissal signed July 9, 2004. On February 1, 2005, appellant filed a notice of non-suit of all defendants, which we construe as a motion to dismiss the appeal. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 10, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.