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KINDRED HOSPITAL, L.P., APPELLANT,

HOLLIS SCOTT, JR. AND PAT LAMBRIGHT,

INDIVIDUALLY, ON BEHALF OF THE ESTATE

OF ZELMA JEAN SCOTT, DECEASED, AND

ON BEHALF OF ALL WRONGFUL DEATH

BENEFICIARIES OF ZELMA JEAN SCOTT,

DECEASED, INCLUDING, BUT NOT LIMITED

TO, HOLLIS SCOTT, JR. AND PAT LAMBRIGHT, APPELLEES.

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Memorandum Opinion Per Curiam

Appellant perfected an appeal from a judgment entered by the 105th District Court of Nueces County, Texas, in cause number 07-2142-D. Appellant has filed an unopposed motion to dismiss the appeal. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant's unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party that incurred them. See Tex. R. App. P. 42.1(d). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and

filed this the 5th day of March, 2009.