Opinion of August 27, 2009, Withdrawn, Dismissed and Corrected Memorandum Opinion filed September 29, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00615-CV

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KATHERINE SMITH AND DICKSON SMITH, Appellants

V.

MEDTRONIC, INC., Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2005-58539^[1]

C O R R E C T E D   M E M O R A N D U M   O P I N I O N

This court withdraws its opinion issued August 27, 2009, because the trial court number was incorrect and issues a corrected opinion in its place.

This is an appeal from a judgment signed June 15, 2009.  On August 19, 2009, the parties filed an agreed motion to dismiss the appeal in order to effectuate a compromise and settlement agreement.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.