COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § RICK MENDOZA and No. 08-08-00279-CV IRENE MENDOZA, § Appeal from Appellants, § 327th District Court v. § of El Paso County, Texas ALICIA G. MURPHY, M.D. and § MARIANO ALLEN, M.D., (TC # 2005-1644) § Appellees.

MEMORANDUM OPINION Pending before the Court is Appellants’ motion to dismiss the appeal pursuant to TEX .R.APP .P. 42.1(a)(1). Appellees have not objected to the dismissal and there is no indication that dismissal would prevent Appellees from seeking relief to which they would otherwise be entitled.

We therefore grant the motion and dismiss the appeal. Costs are taxed against Appellants. See TEX .R.APP .P. 42.1(d).

April 9, 2009 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, and Rivera, JJ.

Chew, C.J., not participating