                         NUMBER 13-09-00414-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG
______________________________________________________________

DAVID OHRT, SANDRA HESTER AND
JUDY SINAST,                                                          Appellants,

                                        v.

CALPINE CORPORATION,                                Appellee.
_____________________________________________________________

              On appeal from the 24th District Court
                    of Victoria County, Texas.
______________________________________________________________

                      MEMORANDUM OPINION

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

     David Ohrt, Sandra Hester, and Judy Sinast, perfected an appeal from a judgment

entered by the 24th District Court of Victoria County, Texas, in cause number
01-12-57,427-A (David Ohrt, Sandra Hester, and Judy Sinast, v. Union Gas Corporation,

et. al. appellate cause number 13-05-00621-CV). This cause is presently before the Court

on appellants’ unopposed motion to dismiss Calpine Corporation (Calpine Natural Gas

Company) without prejudice.

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

WITHOUT PREJUDICE. Costs will be taxed against appellants. See TEX . R. APP. P.

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

See TEX . R. APP. P. 42.1(d). Having dismissed the appeal at appellants’ request, no

motion for rehearing will be entertained, and our mandate will issue forthwith.

       It is so ORDERED.

                                                                PER CURIAM

Memorandum Opinion delivered
and filed this the 8th day of October, 2009.




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