COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § HIGHLANDS REGIONAL No. 08-10-00294-CV REHABILITATION HOSPITAL, § Appeal from Appellant, § 448th District Court v. § of El Paso County, Texas ALICIA BAILON, § (TC # 2009-4686) Appellee. §

MEMORANDUM OPINION Pending before the Court is Appellant’s unopposed motion for voluntary dismissal of this appeal. See TEX .R.APP .P. 42.1(a)(1). According to the motion, the parties have resolved the litigation in the underlying case. The motion is granted, and this appeal is dismissed. Costs of appeal are assessed against Appellant. See TEX .R.APP .P. 42.1(d).

February 23, 2011 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, and Rivera, JJ.