NO. 07-04-0402-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D MAY 4, 2005 ______________________________ ELIZABETH A. FIDDLER AND BARRY FIDDLER, APPELLANTS V. JAMES D. JACKSON, JR. MD.; ADVANCED SURGERY GROUP, P.L.L.C.; PALESTINE PRINCIPAL HEALTHCARE LIMITED PARTNERSHIP D/B/A PALESTINE REGIONAL MEDICAL CENTER; AND PALESTINE-PRINCIPAL G.P., INC., APPELLEES _________________________________ FROM THE 369TH DISTRICT COURT OF ANDERSON COUNTY; NO. XXX-XX-XXXX; HONORABLE DEBORAH OAKES EVANS, JUDGE _______________________________ Before QUINN and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

On May 2, 2005, appellants filed an Unopposed Motion to Dismiss Appeal. No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith. Tex. R. App. P. 42.1. All costs incurred are adjudged against the party incurring the same.

James T. Campbell Justice