                            NUMBER 13-08-00671-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG

________________________________________________________

RICHARD ALLEN KREST,                                                       Appellant,

                                          v.

MILDRED RENEE KREST,                                Appellee.
________________________________________________________

             On appeal from the 94th District Court
                   of Nueces County, Texas.
________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant, Richard Allen Krest, perfected an appeal from a judgment entered by the

94th District Court of Nueces County, Texas, in cause number 07-6611-C. Appellant has

filed a motion to dismiss the appeal on grounds that the parties have reached a mediated

settlement agreement. Appellant requests that this Court dismiss the appeal.
       The Court, having considered the documents on file and 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’s motion to dismiss is granted, and the appeal is hereby DISMISSED.

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

Memorandum Opinion delivered and
filed this the 5th day of March, 2009.




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