mcallen-hospitals-lp-mcallen-medical-center-inc-universal-health ( 2008 )

NUMBER 13-08-00064-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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MCALLEN HOSPITALS, L.P., MCALLEN

MEDICAL CENTER, INC., UNIVERSAL

HEALTH SERVICES, INC., CHRIS SMOLIK,

AND UHS OF DELAWARE, INC., Appellants,

v.

RIO OB-GYN PARTNERS, LTD. AND

RIO OB-GYN HOLDINGS, LTD., Appellees.

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On appeal from the 275th District Court of Hidalgo County, Texas.

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MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Benavides

Memorandum Opinion Per Curiam

The parties to this appeal have filed a joint motion to reverse and remand this matter pursuant to the settlement of the parties. See Tex. R. App. P. 42.1(a)(2)(A). According to the motion, the parties have entered into an agreement to fully resolve all issues in dispute.

The Court, having considered the documents on file and the joint motion to reverse and remand, is of the opinion that the motion should be granted. See id. Accordingly, the joint motion is GRANTED. We set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement of the parties. See id., 43.2(d).

Pursuant to the agreement of the parties, costs will be taxed against the party incurring same. See id. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). The parties have further requested that we issue mandate immediately, and accordingly, we issue the mandate contemporaneously with this opinion. See id. 18.1(c), 43.6.

PER CURIAM

Memorandum Opinion delivered and

filed this the 15th day of May, 2008.