                           NUMBER 13-08-00663-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
______________________________________________________________

SAN BENITO ECONOMIC DEVELOPMENT
CORPORATION,                                                             Appellant,

                                         v.

CHRISTOPHER HAMBY AND H20
CONSTRUCTION, INC.,                                Appellees.
_____________________________________________________________

             On appeal from the 103rd District Court
                   of Cameron County, Texas.
______________________________________________________________

                       MEMORANDUM OPINION
                Before Justices Yañez, Benavides and Vela
                    Memorandum Opinion Per Curiam

      Appellant, San Benito Economic Development Corporation, perfected an appeal

from a judgment entered by the 103rd District Court of Cameron County, Texas, in cause

number 2007-01-0026-D. The parties have filed a joint motion to dismiss with prejudice
on grounds that all matters in controversy between them in this cause have been fully

compromised and settled. The parties request that this Court dismiss this case with

prejudice to each party re-filing the same or any part thereof.

       The Court, having considered the documents on file and the joint motion to dismiss

with prejudice, is of the opinion that the motion should be granted. See TEX . R. APP. P.

42.1(a). The joint motion to dismiss is granted, and the appeal is hereby DISMISSED

WITH PREJUDICE. 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 the parties’ request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.

                                                                         PER CURIAM

Delivered and filed the
4th day of March, 2010.




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