Harris Methodist Hospital of Fort Worth, A/K/A Presbyterian Hospital of Dallas AND Allen Lee Roberts, M.D. AND Sylvia Diaz, Individually and as Next Friend of Cecilia Diaz, Deceased v. Sylvia Diaz, Individually and as Next Friend of Cecilia Diaz, Deceased AND Harris Methodist of Fort Worth, A/K/A Presbterian Hospital of Dallas, Allen Lee Roberts, M.D., Charles Thaddeus Stiles, M.D. and Gregory M. Weston, M.D.--Appeal from 348th District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-316-CV

HARRIS METHODIST HOSPITAL OF

FORT WORTH A/K/A PRESBYTERIAN

HOSPITAL OF DALLAS AND ALLEN

LEE ROBERTS, M.D. AND SYLVIA DIAZ,

INDIVIDUALLY AND AS NEXT FRIEND

OF CECILIA DIAZ, DECEASED APPELLANTS/APPELLEES

V.

SYLVIA DIAZ, INDIVIDUALLY AND

AS NEXT FRIEND OF CECILIA DIAZ,

DECEASED AND HARRIS METHODIST

HOSPITAL OF FORT WORTH A/K/A

PRESBYTERIAN HOSPITAL OF

DALLAS, ALLEN LEE ROBERTS, M.D.,

CHARLES THADDEUS STILES, M.D.,

AND GREGORY M. WESTON, M.D. APPELLEES/APPELLANTS

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FROM THE 348TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION1 AND JUDGMENT

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We have considered the parties Joint Motion to Modify Judgment and Dismiss Appeal and are of the opinion that the motion should be GRANTED. Accordingly, in accordance with the parties settlement agreement and without regard to the merits, we vacate the part of the trial court s judgment awarding attorney s fees to appellants/appellees Harris Methodist Hospital of Fort Worth a/k/a Presbyterian Hospital of Dallas and Allen Lee Roberts, M.D. and render a take-nothing judgment in favor of appellee/appellant Sylvia Diaz, individually and as next friend of Cecilia Diaz, deceased, on Harris s and Roberts s attorney s fees claims. See Tex. R. App. P. 42.1(a)(2)(A), (b). Having rendered judgment effectuating the parties agreement, we dismiss the appeals of Harris, Roberts, and Diaz. Id.

Costs of the appeals shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

PANEL D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

DELIVERED: August 29, 2005

NOTES

1. See Tex. R. App. P. 47.4.