NO. 12-06-00392-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CORY L. MILLER,   §          APPEAL FROM THE

APPELLANT

V.        §          COUNTY COURT AT LAW OF

MOTHER FRANCES HOSPITAL,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant has filed a motion to dismiss this appeal and has certified that all other parties to the appeal have been given notice of the filing of this motion.  In his motion, which is signed by his attorney, Appellant states that the suit has been settled by the parties, and that Appellant no longer desires to pursue this appeal.  No decision having been delivered by this Court, the motion is granted, and the appeal is dismissed in accordance with Texas Rule of Appellate Procedure 42.1(a)(1).

Opinion delivered December 20, 2006.

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

(PUBLISH)