                            NUMBER 13-08-00226-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

ARMINDA GARZA,                                                            Appellant,

                                          v.

ARTURO GARZA AND NEW
BERN TRANSPORT CO.,                                 Appellees.
______________________________________________________________

             On appeal from the 206th District Court
                   of Hidalgo County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Yañez and Benavides
                  Memorandum Opinion Per Curiam

      Appellant perfected an appeal from a judgment entered by the 206th District Court

of Hidalgo County, Texas, in cause number C-618-06-D. Appellant has filed an unopposed

motion to dismiss the appeal on grounds that the parties have settled their dispute in

controversy. 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

Memorandum Opinion delivered and
filed this the 20th day of August, 2009.




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