






NUMBER 13-04-00667-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG 

______________________________________________________________
 
ROAN REAL ESTATE COMPANY, INC.,	Appellant,

v.


ASARCO, INCORPORATED, F/K/A AMERICAN
SMELTING AND REFINING COMPANY, Appellee.
_____________________________________________________________

On appeal from the 319th District Court

of Nueces County, Texas.

______________________________________________________________

MEMORANDUM OPINION

 
Before Chief Justice Valdez and Justices Garza and Vela

Memorandum Opinion Per Curiam

	This appeal was abated by this Court on October 6, 2005, due to the bankruptcy of
one of the parties to this appeal.   See 11 U.S.C. § 362; see generally Tex. R. App. P. 8. 
Since the abatement there has been no activity in this appeal.  On April 22, 2009, the Court
ordered the parties to file an advisory regarding the status of the appeal and, if applicable,
a motion to reinstate the appeal or a motion to dismiss the appeal.  
	Appellant responded to the order by filing an unopposed  motion to dismiss, advising
the parties had entered into a settlement agreement which was approved by the
bankruptcy court and that the appeal should be dismissed.  Accordingly, appellant's
unopposed motion to dismiss is GRANTED and the appeal is hereby DISMISSED. In
accordance with the agreement of the parties, costs are taxed against the party incurring
same. See Tex. R. App. P. 42.1(d).  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 21st day of May, 2009. 




 
