In re Family Hospice, Ltd. d/b/a Vistacare Family Hospice and FHI GP, Inc.--Appeal from 288th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-06-00795-CV
IN RE FAMILY HOSPICE, LTD. d/b/a Vistacare Family Hospice, et al.
Original Mandamus Proceeding (1)

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

 

Delivered and Filed: March 14, 2007

 

PETITION FOR WRIT OF MANDAMUS DISMISSED

On November 15, 2006, relators filed a petition for a writ of mandamus. On December 14, 2006, the real parties in interest filed a response to the petition. On February 28, 2007, the parties filed a joint motion to dismiss this mandamus proceeding with prejudice, stating that all matters in the underlying cause have been fully compromised and settled. Accordingly, the petition for a writ of mandamus is DISMISSED with prejudice. See Tex. R. App. P. 42.1(a); 52.8. PER CURIAM

1. This proceeding arises out of Cause No. 2005-CI-04513, styled Benjamin Guzman, Individually and on behalf of the Estate of Victorio Guzman, Deceased, et al. v. Living Centers of Texas, Inc. d/b/a Retama Manor West San Antonio, et al., pending in the 288th Judicial District Court, Bexar County, Texas, the Honorable Lori D. Massey presiding. However, the challenged ruling was made by the Honorable John D. Gabriel, Jr., presiding judge of the 131st Judicial District Court, Bexar County, Texas.