The appellant, Christus St. Mary Hospital a/k/a Christus Health Southeast Texas, and the appellees, Irene Salas, Individually and as Representative of the Estate of Aurilano Salas, Deceased, Aurilano Salas, Jr., Luis Salas, Danny C. Salas, David C. Salas, Rudy Salas, Diana Sepeda, Jose Salas, Esmeralda Salas and Esmeralda Salas, II, filed a joint motion to dismiss this appeal. The parties allege they have reached a settlement agreement and ask the Court to vacate the judgment of the trial court and remand the case to the trial court for entry of a take-nothing judgment. The motion is voluntarily made by the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(2). We grant the motion, vacate the judgment of the trial court without regard to the merits and remand the case to the trial court for entry of a take-nothing judgment in favor of Christus St. Mary Hospital.

VACATED AND REMANDED.

STEVE McKEITHEN

Chief Justice

Opinion Delivered January 15, 2009

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