JUAN MUNGIA, AS SURVIVING SPOUSE OF CONCEPCION MUNGIA, DECEASED, AND, JOSE SEGURA, INDIVIDUALLY v. DETAR HOSPITAL NAVARRO, DR. PETER PAUL ROJAS, AND RONDA MASCIARELLI--Appeal from 24th District Court of Victoria County

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NUMBER 13-08-00382-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ JUAN MUNGIA, AS SURVIVING SPOUSE OF CONCEPCION MUNGIA, DECEASED, AND JOSE SEGURA, INDIVIDUALLY, Appellants, v. DETAR HOSPITAL NAVARRO, DR. PETER PAUL ROJAS, AND RONDA MASCIARELLI, Appellees. _____________________________________________________________ On appeal from the 24th District Court of Victoria County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Benavides Memorandum Opinion Per Curiam Appellants, Juan Mungia, as surviving spouse of Concepcion Mungia, deceased, and Jose Segura, individually, perfected an appeal from a judgment entered by the 24th District Court of Victoria County, Texas, in cause number 08-1-66727-A. Appellants have filed a motion to dismiss the appeal on grounds that the parties have executed a settlement agreement. Appellants request that this Court dismiss the appeal. The Court, having considered the documents on file and appellants motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX . R. APP. P. 42.1(a). Appellants motion to dismiss is granted, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX . R. APP. P. 42.1(d). Having dismissed the appeal at appellants request, no motion for rehearing will be entertained, and our mandate will issue forthwith. PER CURIAM Memorandum Opinion delivered and filed this the 23rd day of July, 2009. 2

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