                           NUMBER 13-11-00190-CV

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

CLW 4 & 5, INC.,                                                      APPELLANT,

                                          v.

GRACEPOINT BUILDERS, LP,                          APPELLEE.
____________________________________________________________

             On Appeal from the 125th District Court
                    of Harris County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
                  Before Justices Garza, Vela, and Perkes
                    Memorandum Opinion Per Curiam

      Appellant filed an appeal from a judgment entered by the 125th District Court of

Harris County, Texas, in cause number 2009-22395. Appellant has filed an unopposed

motion to dismiss the appeal on grounds that the parties have reached an agreement to

settle and compromise their differences. Appellant requests that this Court dismiss the

appeal.
      The Court, having considered the documents on file and appellant=s unopposed

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

Delivered and filed the
12th day of May, 2011.




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