In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-00226-CV ____________________

LIVING CENTERS OF TEXAS, INC. d/b/a GREEN ACRES CONVALESCENT CENTER/PARKDALE and MARINER HEALTH CARE, INC. f/k/a MARINER POST-ACUTE NETWORK, Appellants

V.

ROY LIMBRICK as next friend of ALICE LIMBRICK, Appellee

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On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. D-176228

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MEMORANDUM OPINION

The appellants, Living Centers of Texas, Inc. d/b/a Green Acres Convalescent Center/Parkdale and Mariner Health Care, Inc. (f/k/a Mariner Post-Acute Network), and the appellee, Roy Limbrick as next friend of Alice Limbrick, filed a joint motion vacate the judgment and to dismiss this appeal. The parties allege they have reached a settlement agreement and ask the Court to set aside the judgment of the trial court without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(B). The motion is voluntarily made by the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(2). No other party filed notice of appeal.

The joint motion to vacate judgment and for dismissal of appeal is granted. Accordingly, we vacate the judgment of the trial court without reference to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement of the parties.

VACATED AND REMANDED.

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CHARLES KREGER

Justice

Opinion Delivered January 15, 2009

Before McKeithen, C.J., Kreger and Horton, JJ.