NUMBER 13-03-576-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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CINDY CRUZ, INDIVIDUALLY AND AS PERSONAL

REPRESENTATIVE OR ADMINISTRATOR OF THE

ESTATE OF IRENE HERNANDEZ, DECEASED, ET AL. ,         Appellants,

v.

MICHAEL D. McCUTCHON, M.D., ET AL.,                           Appellees.

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On appeal from the 319th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Rodriguez, and Castillo

Memorandum Opinion Per Curiam

         Appellants, CINDY CRUZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF THE ESTATE OF IRENE HERNANDEZ, DECEASED, ET AL., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 02-2382-G. After the record and briefs were filed, the parties filed a joint motion to dismiss the appeal. The parties request that this Court dismiss the appeal and that costs be taxed against the party incurring same.

         The Court, having considered the documents on file and the joint motion to dismiss the appeal, is of the opinion that the motion should be granted. The joint motion to dismiss is granted, and the appeal is hereby DISMISSED.

                                                               PER CURIAM

Memorandum Opinion delivered and filed this

the 28th day of October, 2004.