Stella Wolfe, Individually and as Representative of the Estate of Hazel Koepnick v. Tyler Nursing Center, Inc., d/b/a Eastview Nursing Center--Appeal from County Court at Law No 3 of Smith County

NO. 12-04-00026-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

STELLA WOLFE, INDIVIDUALLY

AND AS REPRESENTATIVE OF APPEAL FROM THE

THE ESTATE OF HAZEL KOEPNICK,

APPELLANT

V. COUNTY COURT AT LAW NO. 3 OF

TYLER NURSING CENTER, INC.

D/B/A EASTVIEW NURSING CENTER SMITH COUNTY, TEXAS

APPELLEE

MEMORANDUM OPINION

PER CURIAM

Appellant and Appellee have filed an unopposed motion to dismiss this appeal and accelerate the mandate. The motion is signed by counsel for the respective parties. In the motion, Appellant and Appellee represent that the parties have reached an agreement that disposes of all issues presented for appeal. Because the parties have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(2), the motion is granted, and the appeal is dismissed. Pursuant to Texas Rule of Appellate Procedure 17.1(c), it is ordered that the clerk of this Court issue the mandate with the judgment in this cause.

Opinion delivered May 11, 2005.

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

(PUBLISH)