                             NUMBER 13-11-00517-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOSH EUGENE COMSTOCK,                                                    Appellant,

                                         v.

REBECCA ANNE COMSTOCK,                               Appellee.
____________________________________________________________

               On Appeal from the 94th District Court
                    of Nueces County, Texas.
____________________________________________________________

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

      Appellant, Josh Eugene Comstock, filed an appeal from a judgment entered by the

94th District Court of Nueces County, Texas, in cause number 10-0889-C. Appellant

has filed an unopposed motion to dismiss the appeal on grounds that the parties have

reached an agreement to settle and compromise their differences. Appellant requests

that this Court dismiss the appeal.
      The Court, having considered the documents on file and appellant=s unopposed

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

TEX. R. APP. P. 42.1(a). Appellant=s motion to dismiss is granted, and the appeal is

hereby DISMISSED. Any pending motions are dismissed as moot.

      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.").     Having

dismissed the appeal at appellant=s request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.



                                               PER CURIAM

Delivered and filed the
20th day of October, 2011.




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