                   NUMBER 13-13-00446-CV

                   COURT OF APPEALS

            THIRTEENTH DISTRICT OF TEXAS

             CORPUS CHRISTI - EDINBURG
____________________________________________________________

DONALD D. POWERS AND
LESLIE E. POWERS,
INDIVIDUALLY AND AS
CO-TRUSTEES OF THE DONALD
D. POWERS AND LESLIE E.
POWERS CHARITABLE
REMAINDER UNITRUST,                                APPELLANTS,

                              v.

EOG RESOURCES, INC.,
WALTER C. ENGLISH, JR.
LEGACY, LLC.,                                    APPELLEES.
____________________________________________________________

              On Appeal from the 25th District Court
                  of Gonzales County, Texas.
____________________________________________________________

                MEMORANDUM OPINION
        Before Justices Benavides, Perkes, and Longoria
                      Memorandum Opinion Per Curiam

       This appeal was abated by this Court on November 15, 2013, for purposes of

finalizing a settlement agreement. This cause is now before the Court on an agreed

motion to dismiss the appeal on grounds that a settlement agreement has been executed

and there is no longer any controversy among the parties to this appeal. The parties

request that this Court dismiss the appeal.         Accordingly, this case is hereby

REINSTATED.

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

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a). The agreed 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 the

parties’ request, no motion for rehearing will be entertained, and our mandate will issue

forthwith.

                                               PER CURIAM

Delivered and filed the
19th day of December, 2013.




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