In Re: Senior Management Service of Tyler, Inc. d/b/a Greenbriar Nursing and Rehabilitation Center of Tyler and Dave Sutherland--Appeal from 7th District Court of Smith County

NO. 12-04-00205-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: SENIOR MANAGEMENT

OF TYLER, INC. D/B/A GREENBRIAR

NURSING AND REHABILITATION ORIGINAL PROCEEDING

CENTER OF TYLER AND

DAVE SUTHERLAND

MEMORANDUM OPINION

PER CURIAM

Relators have filed a motion to dismiss this original proceeding, and all other parties to the proceeding have been given notice of the filing of this motion. In their motion, Relators represent that the parties have reached an agreement that disposes of all disputed issues in this proceeding. Because Relators have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(2), the motion is granted, and the proceeding is dismissed. Costs of this proceeding are assessed against the party incurring the costs.

Opinion delivered October 22, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)

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COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 22, 2004

NO. 12-04-00205-CV

IN RE: SENIOR MANAGEMENT SERVICE OF TYLER, INC.

D/B/A GREENBRIAR NURSING AND REHABILITATION

CENTER OF TYLER AND DAVE SUTHERLAND

Original Proceeding from the 7th Judicial District Court

of Smith County, Texas. (Tr.Ct.No. 03-2301-A)

THIS CAUSE came to be heard on the Relator s agreed motion to dismiss their petition for writ of mandamus, and all other parties to the proceeding have been given notice of the filing of this motion. Relators represent that the parties have reached an agreement that disposes of all disputed issues in this proceeding, and the Court having heard and considered said motion is of the opinion the same should be Granted.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this petition for writ of mandamus be, and the same is, hereby Dismissed; and that all costs of this proceeding be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the court below for observance.

Sam Griffith, Justice.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.