MEMORANDUM OPINION No. 04-10-00773-CV UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO, Appellant v. Laura TYREE, Individually and as Representative of the Estate of Donald Milton Tyree, Stephanie Tyree and Jacob Tyree, Appellees From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2009-CI-05259 Honorable David A. Berchelmann, Jr., Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: July 20, 2011 MOTION TO DISMISS GRANTED; APPEAL DISMISSED Appellant University of Texas Health Science Center at San Antonio filed a motion to dismiss this appeal. We grant the motion. See TEX. R. APP. P. 42.1(a)(1). Pursuant to the parties’ agreement, we order that each party bear its own costs of this appeal. See TEX. R. APP. P. 42.1(d) (absent agreement of the parties, costs are taxed against appellant).

PER CURIAM