Methodist Hospitals of Dallas v. Vickie Miles, Individually, as the Representative for All Wrongful Death Beneficiaries, and as an Heir at Law and Representative of the Estate of W.T. Mayes ( 2019 )

DISMISS; and Opinion Filed August 8, 2019. In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00339-CV METHODIST HOSPITALS OF DALLAS, Appellant V. VICKIE MILES, INDIVIDUALLY, AS THE REPRESENTATIVE FOR ALL WRONGFUL DEATH BENEFICIARIES, AND AS AN HEIR AT LAW AND REPRESENTATIVE OF THE ESTATE OF W.T. MAYES, DECEASED, Appellee On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-16088 MEMORANDUM OPINION Before Justices Schenck, Osborne, and Reichek Opinion by Justice Schenck Before the Court is appellant’s motion to dismiss the appeal. Appellant informs the Court that the parties have reached a settlement that resolves the matters in dispute. Although appellant asks that each party bear its own costs, appellee has not signed the motion to dismiss indicating her agreement to the allocation of costs. Accordingly, we grant the motion and dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). Subject to any agreement of the parties, appellant shall pay the costs of appeal. See TEX. R. APP. P. 42.1(d). 190339F.P05 /David J. Schenck/ DAVID J. SCHENCK JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT METHODIST HOSPITALS OF DALLAS, On Appeal from the 101st Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. DC-17-16088. No. 05-19-00339-CV V. Opinion delivered by Justice Schenck, Justices Osborne and Reichek participating. VICKIE MILES, INDIVIDUALLY, AS THE REPRESENTATIVE FOR ALL WRONGFUL DEATH BENEFICIARIES, AND AS AN HEIR AT LAW AND REPRESENTATIVE OF THE ESTATE OF W.T. MAYES, DECEASED, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that, subject to any agreement of the parties, appellee VICKIE MILES, INDIVIDUALLY, AS THE REPRESENTATIVE FOR ALL WRONGFUL DEATH BENEFICIARIES, AND AS AN HEIR AT LAW AND REPRESENTATIVE OF THE ESTATE OF W.T. MAYES, DECEASED recover her costs of this appeal from appellant METHODIST HOSPITALS OF DALLAS. Judgment entered this 8th day of August, 2019. –2–