                           NUMBER 13-08-00733-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
______________________________________________________________

NATIONAL HERITAGE FOUNDATION, INC.,                                   APPELLANT,

                                          v.

JUAN J. MANCILLAS, M. D. AND SYLVIA MANCILLAS,
INDIVIDUALLY AND AS NEXT FRIENDS OF CARLO
LANDA MANCILLAS, AND OMAR LANDA MANCILLAS,                            APPELLEES.

_____________________________________________________________

             On Appeal from the 404th District Court
                   of Cameron County, Texas.
______________________________________________________________


                        MEMORANDUM OPINION

       Before Chief Justice Valdez and Justices Yañez and Vela
                  Memorandum Opinion Per Curiam

      Appellant perfected an appeal from a judgment entered by the 404th District Court

of Cameron County, Texas, in cause number 2005-12-6163-G. Appellant has filed an
unopposed motion for voluntary dismissal of appeal with prejudice on grounds that the

parties have reached a settlement. Appellant requests that this Court dismiss the appeal.

       This appeal was abated by this Court on February 12, 2009, due to the bankruptcy

of one of the parties to this appeal. See 11 U.S.C. § 362; see generally TEX . R. APP. P. 8.

The Bankruptcy Court has approved the settlement.             Accordingly, this appeal is

REINSTATED.

       The Court, having considered the documents on file and appellant’s unopposed

motion for voluntary dismissal of 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 WITH PREJUDICE. 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 the appellant’s request, no motion

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



                                                        PER CURIAM

Delivered and filed the 25th
day of February, 2010.




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