SURGERY CENTER FOR INTERVENTIONAL

PAIN MANAGEMENT, P.A., Appellee.

Memorandum Opinion Per Curiam

Appellant, Savannah Robinson, and appellee, Surgery Center for Interventional Pain Management, P.A., have filed an "Agreed Motion to Dismiss Appeal" in this cause. Pursuant to agreement, the parties request this Court to set aside the trial court's May 27, 2009 order without regard to the merits, to render judgment that appellee take nothing by way of the May 27, 2009 order, to order that each party pay its own costs arising from this appeal, and to dismiss this appeal and remand the case to the trial court.

The Court, having examined and fully considered the agreed motion, is of the opinion that the motion should be granted in part and denied in part. The agreed motion is GRANTED and the trial court's order is set aside without regard to the merits and the cause is remanded to the trial court for rendition of judgment in accordance with the agreement. See Tex. R. App. P. 42.1(2)(B). Pursuant to agreement of the parties, each party will pay its own costs for the appeal. Id. 42.1(c). All other relief requested by the motion and not granted herein is DENIED.

PER CURIAM

Delivered and filed the

6th day of May, 2010.