Robin Phelan and Melinda Phelan v. Walnut Hill Physicians' Hospital, LLC D/B/A Walnut Hill Medical Center

DISMISS and Opinion Filed January 26, 2021

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-20-00868-CV

ROBIN PHELAN AND MELINDA PHELAN, Appellants V.

WALNUT HILL PHYSICIANS’ HOSPITAL, LLC

D/B/A WALNUT HILL MEDICAL CENTER, Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-16-13777 MEMORANDUM OPINION

Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Chief Justice Burns Before the Court is the parties’ joint motion to resolve this appeal in accordance with their settlement agreement. We grant the motion, vacate the trial court’s judgment and jury’s verdict without regard to the merits and render a take- nothing judgment in appellee’s favor. See TEX. R. APP. P. 42.1(a)(2).

/Robert D. Burns, III/ ROBERT D. BURNS, III 200868F.P05 CHIEF JUSTICE S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

ROBIN PHELAN AND On Appeal from the 298th Judicial MELINDA PHELAN, Appellants District Court, Dallas County, Texas Trial Court Cause No. DC-16-13777. No. 05-20-00868-CV V. Opinion delivered by Chief Justice Burns. Justices Molberg and Smith WALNUT HILL PHYSICIANS’ participating.

HOSPITAL, LLC D/B/A WALNUT

HILL MEDICAL CENTER,

Appellee

In accordance with this Court’s opinion of this date, we VACATE the trial court’s judgment and jury’s verdict without regard to the merits and RENDER a take-nothing judgment in appellee’s favor.

We ORDER that the parties bear their own costs of this appeal.

Judgment entered January 26, 2021