COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § ALWAYS CARING HEALTH CARE No. 08-10-00178-CV SERVICE INC., § Appeal from the Appellant, § County Court at Law No. 5 v. § of El Paso County, Texas MARTHA B. FRANCO, § (TC# 2009-1383) Appellee. §

MEMORANDUM OPINION Pending before the Court is a joint motion to dismiss. See TEX . R. APP . P. 42.1(a). The motion is granted, and the suit is dismissed with prejudice. The parties shall bear their own costs.

GUADALUPE RIVERA, Justice November 17, 2010 Before Chew, C.J., McClure, and Rivera, JJ.