                           NUMBER 13-09-00697-CV

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

SHINER MOSELEY AND ASSOCIATES, INC.
AND HDR ENGINEERING, INC.,                                               Appellants,

                                          v.

W.O.H. ENTERPRISES, L.L.C.,                         Appellee.
____________________________________________________________

          On appeal from the County Court at Law No. 3
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
     Before Chief Justice Valdez and Justices Benavides and Vela
                  Memorandum Opinion Per Curiam

      Appellants, Shiner Moseley and Associates, Inc. and HDR Engineering, Inc.,

perfected an appeal from a judgment entered by the County Court at Law No. 3 of Nueces

County, Texas, in cause number 08-62284-3. Appellants have filed an agreed motion to

dismiss the appeal with prejudice on grounds that the parties have reached an agreement
to settle and compromise their differences. Appellants request that this Court dismiss

the appeal with prejudice.

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

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

APP. P. 42.1(a). Appellants’ motion to dismiss is granted, and the appeal is hereby

DISMISSED WITH PREJUDICE. 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 appellants’ request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.

                                                                    PER CURIAM

Delivered and filed the
13th day of May, 2010.




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