Melissa Castellano and Alfred Castellano, III v. Joseph R. Garza, M.D. and Baptist Health System d/b/a St. Luke's Baptist Hospital--Appeal from 57th Judicial District Court of Bexar County

No. 04-01-00744-CV
Melissa CASTELLANO and Alfred Castellano, III,
Appellants
v.

Joseph GARZA, M.D. and Baptist Memorial Health System

d/b/a St. Luke's Baptist Hospital,

Appellees
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CI-04327
Honorable John D. Gabriel, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: April 17, 2002

APPEAL DISMISSED

On March 26, 2002, appellee, Baptist Memorial Health System d/b/a St. Luke's Baptist Hospital ("Baptist Memorial"), filed a motion to dismiss this appeal pursuant to settlement with appellants Melissa and Alfred Castellano, III. A release and indemnity agreement between Baptist Memorial and appellants was filed with this motion. The agreement did not include appellee Joseph Garza, M.D. The motion contains a certificate of service to appellants who have not opposed the motion. Therefore, we grant the motion and dismiss the appeal as to appellee Baptist Memorial only. See Tex. R. App. P. 42.1(a)(1). Costs of the appeal will be allocated upon ultimate disposition of the appeal.

PER CURIAM

DO NOT PUBLISH