Frances Benoit, Individually and as a Representative of the Estate of

Eva Jean Benoit, Deceased, Appellant

PER CURIAM

Appellant has filed a motion to dismiss, stating that he "nonsuits and dismisses his claims, with prejudice, against Defendant Bertram Enoch Joseph, M.D." We grant appellant's motion and dismiss the appeal. Tex. R. App. P. 59(a)(1)(A). Costs of the appeal will be taxed against appellant. Tex. R. App. P. 82.

Before Chief Justice Carroll, Justices Aboussie and Kidd

Appeal Dismissed on Appellant's Motion

Filed: April 3, 1996

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