The University of Texas Medical Branch at Galveston filed a notice of appeal from the denial of its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.104(a)(8) (Vernon 2008). On October 3, 2008, the appellee, Erik Tolpo, informed the Court that the underlying litigation had been non-suited. No party objected to the suggestion of mootness. Accordingly, the appeal is dismissed as moot. See Tex. R. App. P. 29.5; Tex. R. App. P. 42.3(a).

APPEAL DISMISSED.

____________________________

HOLLIS HORTON

Justice

Opinion Delivered November 20, 2008

Before McKeithen, C.J., Kreger and Horton, JJ.