Orlando J. Suris, M.D., (APPELLANT/CROSS-APPELLEE) v. Jorge Garcia and Janet Kettlewell Garcia, Individually and as Personal Representatives of Isabella Maria Garcia, (APPELLEES/CROSS-APPELLANTS); Institute for Women's Health, P.L.L.C., (CROSS-APPELLEE ONLY)--Appeal from 288th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00180-CV

Orlando J. SURIS, M.D.,

Appellant

v.

Jorge GARCIA and Janet Kettlewell Garcia, Individually and as

Personal Representatives of Isabella Maria Garcia,

Appellees/Cross-Appellants,

Institute for Women s Health, P.L.L.C.,

Cross-Appellee

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CI-13570

Honorable Lori Massey, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: October 12, 2005

DISMISSED

Before the court is appellant Orlando Suris s motion for voluntary dismissal. The motion to dismiss is granted, and appellant s portion of the appeal is dismissed. See Tex. R. App. P. 42.1(a)(1). Pursuant to the agreement of the parties, costs of appeal are taxed against the parties who incurred them. See id. at (d). The dismissal does not affect the status of the cross-appeal between cross-appellants Jorge Garcia and Janet Kettlewell Garcia, Individually and as Personal Representatives of Isabella Maria Garcia, and cross-appellee Institute for Women s Health, P.L.L.C.

PER CURIAM