                           NUMBER 13-07-00643-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
______________________________________________________________

INGRAM READYMIX, INC.,                                                     Appellant,

                                          v.

SOUTHERN CONTRACTING, INC.,
STEVE D. CERVANTES, INDIVIDUALLY,
AND CONTINENTAL CASUALTY COMPANY,                   Appellees.
_____________________________________________________________

              On Appeal from the 319th District Court
                    of Nueces 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 319th District Court

of Nueces County, Texas, in cause number 07-05189-00-0. Appellant has filed an
unopposed motion to dismiss the appeal. 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. Any pending motions are denied as moot.



                                                  PER CURIAM

Memorandum Opinion delivered and
filed this the 6th day of August, 2009.




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