                            NUMBER 13-09-00461-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

MARILYN McKEITHAN,                                                          Appellant,

                                           v.

OPHRAKA SANANIKONE,                                 Appellee.
_____________________________________________________________

              On appeal from the 148th District Court
                    of Nueces County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

              Before Justices Rodriguez, Garza, and Benavides
                      Memorandum Opinion Per Curiam

      Appellant and cross-appellant perfected appeals from a judgment entered by the

148th District Court of Nueces County, Texas, in cause number 06-3604-E. Appellant and

cross-appellant have filed a motion notifying the Court that each party wishes to dismiss

her appeal.
       The Court, having considered the documents on file and appellant and cross-

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 and cross-appellant’s 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)

("Absent agreement of the parties, the court will tax costs against the appellant."). Having

dismissed the appeal at appellant and cross-appellant’s request, no motion for rehearing

will be entertained, and our mandate will issue forthwith.



                                                                      PER CURIAM

Delivered and filed the
21st day of January, 2010.




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