Opinion issued August 28, 2009

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00374-CV

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WOMAN’S HOSPITAL OF TEXAS, MICHELLE RUIZ, R.N., AND DENISE HOLODNAK, R.N., Appellants

V.

JEREMY AND JAYMIE COOPER, INDIVIDUALLY, AND AS PARENTS AND NEXT FRIENDS OF MARISSA COOPER, A MINOR, APPELLEES

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 2006-77263

MEMORANDUM OPINION

          On August 21, 2009, appellants, Woman’s Hospital of Texas, Michelle Ruiz, R.N., and Denise Holodnak, R.N., filed a motion to dismiss their interlocutory appeal, indicating that the underlying lawsuit has been settled and a Notice of Nonsuit with Prejudice and Final Judgment has been filed with the trial court. The motion to dismiss was joined by appellees, Jeremy and Jaymie Cooper, individually, and as parents and next friends of Marissa Cooper, a minor. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. See Tex. R. App. P. 42.1(a)(1). By agreement of the parties, costs incurred by reason of this appeal will be paid by the party incurring the same.

          Any pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Higley, Sharp, and Massengale.