                            NUMBER 13-07-00518-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

HMC HOSPITALITY OPERATING
COMPANY AND GRAYBAR
ELECTRIC COMPANY, INC.,                                                    Appellants,

                                           v.

ALVARO GONZALEZ, ET AL.,                           Appellees.
_____________________________________________________________

              On appeal from the 93rd District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Garza and Benavides
               Memorandum Opinion by Justice Garza

      On February 26, 2008, appellant, HMC Hospitality Operating Company (“HMC”),

filed an unopposed motion to dismiss its underlying accelerated interlocutory appeal filed

against appellees, Alvaro Gonzalez, The Gonzalez-DLS Family Limited Partnership,
Brownsville SB, L.P., and Ascension Hospitality Management, L.L.C. In this motion, HMC

asserts that the parties mediated their claims and came to an agreement on October 22,

2007. The terms of the agreement provided that HMC would seek to dismiss this appeal

and each party would be responsible for its own costs. In addition, appellant Graybar

Electric Company, Inc. filed an emergency expedited motion for severance.

       The Court, having examined and fully considered appellant HMC’s unopposed

motion to dismiss appeal and appellant Graybar’s expedited motion for severance, is of the

opinion that the motions should be granted.

       Accordingly, HMC HOSPITALITY OPERATING COMPANY’s motion to dismiss is

GRANTED, and the appeal in cause number 13-07-00518-CV is hereby DISMISSED. See

TEX . R. APP. P. 42(a).

       The remaining issues in the appeal will remain docketed under cause number 13-

08-00294-CV, styled GRAYBAR ELECTRIC COMPANY, INC. v. ALVARO GONZALEZ,

ET AL.




                                                       DORI CONTRERAS GARZA,
                                                       Justice


Memorandum Opinion delivered and
filed this the 13th day of May, 2008.




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