IN THE TENTH COURT OF APPEALS No. 10-09-00256-CV ST. JOSEPH REGIONAL HEALTH CENTER, Appellant v. SHIRLEY KELLAR AND THOMAS KELLAR, Appellees

From the 85th District Court Brazos County, Texas Trial Court No. 08-001944-CV-85

MEMORANDUM OPINION

Appellant has filed a Motion to Dismiss Appeal. See TEX. R. APP. P. 42.1(a)(1).

The motion requests dismissal of this appeal because the Appellees/Plaintiffs have voluntarily nonsuited with prejudice Appellant in the case below.

Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. The appeal is dismissed.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Dismissed Opinion delivered and filed December 2, 2009 [CV06]

St. Joseph Regional Health Center v. Kellar Page 2