Opinion issued December 5, 2007

In The

Court of Appeals

For The

First District of Texas

NO. 01-02-01101-CV

N.N. A/N/F OF A.B., Appellant

V.

THE INSTITUTE FOR REHABILITATION AND RESEARCH, Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 99-42840

MEMORANDUM OPINION ON MOTION FOR FURTHER REHEARING

Appellee, the Institute for Rehabilitation and Research (TIRR), has filed a motion for further rehearing of our opinion on rehearing issued on December 7, 2006. After filing the motion for further rehearing, TIRR and Appellant, N.N., as next friend of A.B., her daughter, filed a joint motion to dismiss the appeal. We granted that motion by order on July 3, 2007, but no opinion or judgment issued at that time. On October 24, 2007, however, an incorrect mandate was issued by this Court. The parties have now jointly moved for this Court to recall that mandate. The motion to recall mandate is hereby granted, and the mandate is recalled.

The joint motion to dismiss the appeal is hereby granted. Tex. R. App. P. 42.1(a)(2). We also withdraw our judgment of December 7, 2006, and issue today's judgment in its stead.

All other pending motions are overruled as moot. The Clerk is directed to issue mandate immediately. Tex. R. App. P. 18.1.

Elsa Alcala, Justice

Acting for the Court

Panel consists of Justices Nuchia, Jennings, and Alcala