NO. 12-09-00247-CV

                         IN THE COURT OF APPEALS

            TWELFTH COURT OF APPEALS DISTRICT

                                      TYLER, TEXAS

SENIOR LIVING PROPERTIES, LLC.,         '     APPEAL FROM THE 7TH

APPELLANT

V.                                                                         '     JUDICIAL DISTRICT COURT OF

CLARA JOLENE ALVARES,

INDIVIDUALLY AND AS                                '     SMITH COUNTY, TEXAS

REPRESENTATIVE OF THE ESTATE

OF CLARA MAE FOSTER, DECEASED

AND ON BEHALF OF WILLIAM EDGAR

FOSTER AND THE ESTATE OF JIMMY

LOUISE CARNES, APPELLEES

                                                      MEMORANDUM OPINION

PER CURIAM

            Appellant and Appellees have filed an agreed motion to dismiss this appeal.  In their motion, the parties state that they have reached a resolution of this dispute and no longer wish to pursue the appeal.  Because the parties have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed. 

Opinion delivered December 2, 2009.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)