MANDATE The Fourteenth Court of Appeals NO. 14-14-00478-CV Brazos Presbyterian Homes, Inc. d/b/a Appealed from the 152nd District Court The Hallmark, Appellant of Harris County. (Tr. Ct. No. 2013- v. 65993). Opinion delivered Per Curiam.

August Schumacher Lander, as Independent Executor of the Estate of Betty S. Lander, Deceased, Appellee TO THE 152ND DISTRICT COURT OF HARRIS COUNTY, GREETINGS: Before our Court of Appeals on April 21, 2015, the cause upon appeal to revise or reverse your judgment was determined. Our Court of Appeals made its order in these words: Today the Court heard the parties’ joint motion to dismiss the appeal from the order signed by the court below on May 30, 2014. Having considered the motion and found it meritorious, we order the appeal DISMISSED.

We order this Court’s Majority and Concurring Memorandum Opinions issued February 10, 2015, WITHDRAWN. We VACATE this Court’s judgment issued February 10, 2015, and issue this substitute judgment in its place.

We further order that each party shall pay its costs by reason of this appeal.

We further order that mandate be issued immediately.

We further order this decision certified below for observance.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court in this behalf and in all things have it duly recognized, obeyed, and executed.

WITNESS, the Hon. Kem Thompson Frost, Chief Justice of our Fourteenth Court of Appeals, with the Seal thereof affixed, at the City of Houston, April 24, 2015.