NO. 12-07-00065-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TERRELL HEALTHCARE CENTER, IN §                      APPEAL FROM THE 294TH

ITS ASSUMED NAME; NEXION HEALTH

AT TERRELL, INC.; NEXION HEALTH AT

TERRELL, INC., d/b/a TERRELL HEALTHCARE

CENTER; NEXION HEALTH AT TERRELL

MANOR, INC.; NEXION HEALTH AT

TERRELL MANOR, INC. d/b/a TERRELL

MANOR; NEXION HEALTH MANAGEMENT,

INC.; AND FRANCES CORNWELL, L.V.N.,

APPELLANTS

V.        §                      JUDICIAL DISTRICT COURT OF

LOIS PERKINS, INDIVIDUALLY; AS

REPRESENTATIVE OF THE ESTATE

OF ALICE CARR; AS WRONGFUL DEATH

BENEFICIARY OF ALICE CARR; AS

REPRESENTATIVE OF ALL WRONGFUL

DEATH BENEFICIARIES OF ALICE CARR;

AND AS HEIR OF THE ESTATE OF ALICE

CARR, DECEASED,

APPELLEES §                      VAN ZANDT COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellants and Appellees have filed a joint notice of settlement and motion to dismiss this appeal.  The parties state that they have entered into a settlement agreement that disposes of all parties and issues, which has rendered the appeal moot.  A copy of the motion has been sent to all counsel of record.  Because the parties have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.  Costs of the appeal are assessed against the parties incurring them.

Opinion delivered March 14, 2007.

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

(PUBLISH)