In re McAllen Medical Center--Appeal from 229th Judicial District Court of Starr County

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i i i i i i MEMORANDUM OPINION No. 04-08-00441-CV IN RE MCALLEN MEDICAL CENTER Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Karen Angelini, Justice Delivered and Filed: September 17, 2008 PETITION FOR WRIT OF MANDAMUS DISMISSED On August 22, 2008, Relator filed an agreed motion to dismiss this mandamus petition without prejudice. Prior to the agreed motion, on August 6, 2008, the Real Parties in Interest filed a Notice of Settlement, advising this Court that the parties have resolved the case. The agreed motion states the parties have reached a settlement agreement and no longer desire to litigate any issue presented. We grant the motion and dismiss relator s petition for mandamus without prejudice. See TEX. R. APP. P. 42.1(a)(1). PER CURIAM 1 This proceeding arises out of Cause No. DC-03-180, styled Emilia Saenz, et al v. Starr County Memorial Hosp., et al., pending in the 229th Judicial District Court, Starr County, Texas, the Honorable Alex W. Gabert presiding.

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