Juan Mungia, as Surviving Spouse of Concepcion Mungia, And, Jose Segura, Individually v. Detar Hospital Navarro, Dr. Peter Paul Rojas, and Ronda Masciarelli

• Court: Court of Appeals of Texas
• Decided: July 23, 2009
• Docket: 13-08-00382-CV
• Status: Published

Opinion

NUMBER 13-08-00382-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

JUAN MUNGIA, AS SURVIVING SPOUSE OF CONCEPCION MUNGIA, DECEASED, AND JOSE SEGURA, INDIVIDUALLY, Appellants,

v.

DETAR HOSPITAL NAVARRO, DR. PETER PAUL ROJAS, AND RONDA MASCIARELLI, Appellees. _____________________________________________________________

On appeal from the 24th District Court of Victoria County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Benavides Memorandum Opinion Per Curiam

Appellants, Juan Mungia, as surviving spouse of Concepcion Mungia, deceased,

and Jose Segura, individually, perfected an appeal from a judgment entered by the 24th

District Court of Victoria County, Texas, in cause number 08-1-66727-A. Appellants have filed a motion to dismiss the appeal on grounds that the parties have executed a settlement

agreement. Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants’ motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX . R. APP.

P. 42.1(a). Appellants’ motion to dismiss is granted, and the appeal is hereby DISMISSED.

In accordance with the agreement of the parties, costs are taxed against the party incurring

same. See TEX . R. APP. P. 42.1(d). Having dismissed the appeal at appellants’ request,

no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and filed this the 23rd day of July, 2009.