NO. 12-04-00120-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§

IN RE: PARK HIGHLAND NURSING

CENTER IN ITS ASSUMED OR COMMON

NAME LIVING CENTERS OF TEXAS, INC.,

INDIVIDUALLY AND D/B/A PARK HIGHLAND

NURSING CENTER; MARINER HEALTH

CARE, INC., INDIVIDUALLY AND D/B/A    §     ORIGINAL PROCEEDING

PARK HIGHLAND NURSING CENTER;

MARINER HEALTH CARE MANAGEMENT

COMPANY, INDIVIDUALLY AND D/B/A

PARK HIGHLAND NURSING CENTER

§

MEMORANDUM OPINION

PER CURIAM

            Relators have filed a motion to voluntarily dismiss their petition for writ of mandamus, and all other counsel of record 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 issues presented in the underlying cause. Consequently, Relators no longer wish to pursue this original proceeding. Because Relators have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(2), the motion is granted, and this original proceeding is dismissed. Costs of this proceeding are assessed against the party incurring them.

Opinion delivered October 22, 2004.

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

(PUBLISH)

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 22, 2004

NO. 12-04-00120-CV

IN RE: PARK HIGHLAND NURSING CENTER IN ITS ASSUMED OR COMMON

NAME LIVING CENTERS OF TEXAS, INC., INDIVIDUALLY AND D/B/A PARK

HIGHLAND NURSING CENTER; MARINER HEALTH CARE, INC.,

INDIVIDUALLY AND D/B/A PARK HIGHLAND NURSING CENTER;

MARINER HEALTH CARE MANAGEMENT COMPANY,

INDIVIDUALLY AND D/B/A PARK HIGHLAND NURSING CENTER

Original Proceeding from the Third Judicial District Court

of Henderson County, Texas. (Tr.Ct.No. 03-134)

                                    THIS CAUSE came to be heard on Relator’s motion to voluntarily dismiss their petition for writ of mandamus, and the Court having heard and fully 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 petition for writ of mandamus be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the trial court below for observance.

                                    By per curiam opinion.

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