                             NUMBER 13-07-743-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
______________________________________________________________

HI-TECH IRRIGATION, INC.,                                                   Appellant,

                                          v.

GENE MITTAG,                                        Appellee.
_____________________________________________________________

           On appeal from the County Court at Law No. 5
                    of Hidalgo County, Texas.
______________________________________________________________

                       MEMORANDUM OPINION
 Before Chief Justice Valdez and Justices Rodriguez, and Benavides
                 Memorandum Opinion Per Curiam

      Appellant, Hi-Tech Irrigation, Inc., perfected an appeal from a judgment entered by

the County Court at Law No. 5 of Hidalgo County, Texas, in cause number CL-04,2921-E.

Appellant has filed a motion to dismiss the appeal on grounds that the trial court has
granted appellant’s motion for a new trial. Appellant requests that this Court dismiss the

appeal.

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

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

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

Costs will be taxed against appellant. See TEX . R. APP. P. 42.1(d) ("Absent agreement of

the parties, the court will tax costs against the appellant."). Having dismissed the appeal

at appellant’s request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

                                                              PER CURIAM

Memorandum Opinion delivered and
filed this the 11th day of December, 2008.




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