                           NUMBER 13-13-00171-CV

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

M. OLIVEIRA D.M.E., INC.,                                                   Appellant,

                                          v.

ABBOTT NUTRITION, DIV,
ABBOTT LABORATORIES, INC.,                          Appellee.
____________________________________________________________

          On appeal from the County Court at Law No. 1
                  of Cameron County, Texas.
____________________________________________________________

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

      Appellant, M. Oliveria D.M.E., Inc., filed an appeal from a judgment entered by the

County Court at Law No. 1 of Cameron County, Texas, in cause number

2011-CCL-1112-A. Appellant has filed a motion to dismiss the appeal on grounds the

appeal is moot. Appellee has not filed a response to the motion to dismiss.
       The trial court signed a judgment in favor of appellee and against appellant on

December 14, 2012. The trial court subsequently granted appellant’s timely motion for

new trial on March 27, 2013, while it still had plenary jurisdiction over the case. See TEX.

R. CIV. P. 329b (c), (e).

       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 as moot. 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
2nd day of May, 2013.




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