                            NUMBER 13-13-00043-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

WAYNE K. HITE AND                                                       Appellants,
PAUL M. ALLISON,

                                          v.

MICHAEL C. ROTHMANN,                                Appellee.
____________________________________________________________

             On appeal from the 130th District Court
                  of Matagorda County, Texas.
____________________________________________________________

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

      Appellants, Wayne K. Hite and Paul M. Allison, filed an appeal from a judgment

entered by the 130th District Court of Matagorda County, Texas, in cause number

11-E-0672. Appellants have filed a motion to voluntarily dismiss the appeal and request

that this Court dismiss the appeal.
      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.     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.").

Having dismissed the appeal at appellant’s request, no motion for rehearing will be

entertained, and our mandate will issue forthwith. Any pending motions are dismissed

as moot.



                                               PER CURIAM

Delivered and filed the
28th day of February, 2013.




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