                            NUMBER 13-09-00327-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

MARIA KANZERANI F/K/A MARIA CHONG,                                          Appellant,

                                           v.

KYONG TAEK CHONG,                                   Appellee.
____________________________________________________________

              On appeal from the 92nd District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Rodriguez and Garza
                  Memorandum Opinion Per Curiam

      Appellant perfected an appeal from a judgment entered by the 92nd District Court

of Hidalgo County, Texas, in cause number C-134-93-A. The parties have filed a joint

motion to withdraw the clerk’s record from this cause number, 13-09-00327-CV, and re-file

it in cause number 13-09-00448-CV.

      On June 10, 2009, appellant filed a notice of appeal of a final judgment signed on

March 13, 2009, which was assigned cause number 13-09-00327-CV. On July 30, 2009,
this Court received appellant’s notice of appeal of an amended final judgment signed on

May 26, 2009, pertaining to the same matter as the March 13, 2009 final judgment and

assigned it cause number 13-09-00448-CV. The amended final judgment vacated the

March 13, 2009 final judgment.

       On August 24, 2009, this Court informed the parties that the record before the Court

in cause number 13-09-00327-CV contained no appealable judgment of March 13, 2009

and that if the defect was not cured, the case would be dismissed for want of jurisdiction.

See TEX . R. APP. P. 42.3(a), (c). In response, the parties have filed a joint motion

requesting that the Court withdraw the clerk’s record from cause number 13-09-00327-CV

and re-file it in cause number 13-09-00448-CV, indicating they do not oppose dismissal of

cause number 13-09-00327-CV.

       The Court, having considered the documents on file and the parties’ joint motion,

is of the opinion that the motion should be granted. Accordingly, the motion to withdraw

the clerk’s record from cause number 13-09-00327-CV and re-file it in cause number 13-

09-00448-CV is hereby GRANTED and the appeal in cause number 13-09-00327 is hereby

DISMISSED. See TEX . R. APP. P. 42.1(a). 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.").

                                                 PER CURIAM

Delivered and filed the
7th day of January, 2010.




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