Preferred Care Health Facilities of Texas I, d/b/a Ennis Care Center, and Facilities Support, Inc. v. Laurie Horn--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-94-343-CV

PREFERRED CARE HEALTH FACILITIES

OF TEXAS I, INC., d/b/a

ENNIS CARE CENTER,

Appellant

v.

LAURIE HORN,

Appellee

From 40th District Court

Ellis County, Texas

Trial Court # 49,469

MEMORANDUM OPINION

On February 16, 1995, the parties filed an agreement to dismiss the appeal. In the relevant portion, Rule 59(a) of the Texas Rules of Appellate Procedure provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

The parties state that have settled their controversy. The agreement is signed by both the appellant's and the appellees' attorney. They request that we tax the costs of the appeal against the appellant.

Pursuant to this agreement, the cause is dismissed with the appellant to bear the costs.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed March 8, 1995

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