






NUMBER 13-09-00100-CV AND 13-09-00231-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG 

______________________________________________________________
 
INGRAM READYMIX, INC. AND 
SOUTHERN CONTRACTING, INC., 	Appellants,

v.


BENNETT, MARTIN, SOLKA AND 
TORNO, INC., GOVIND & ASSOCIATES, INC., AND 
W.R. GRACE & CO.-CONN.,	Appellees. 
_____________________________________________________________

On appeal from the 319th District Court 

of Nueces County, Texas.

______________________________________________________________

MEMORANDUM OPINION

 
Before Chief Justice Valdez and Garza and Vela 
Memorandum Opinion Per Curiam

 Appellants, Ingram  Readymix, Inc. and Southern Contracting, Inc.("SCI"), perfected
an appeal from a judgment entered by the 319th District Court of Nueces County, Texas,
in cause number 08-6125-G.   SCI, Bennett, Martin, Solka & Torino, Inc.("BMST"), and
Govind & Associates, Inc. ("Govind"), have filed a joint motion to dismiss with prejudice. 
SCI, BMST, and Govind have filed a joint motion to dismiss the appeal on grounds that
they have resolved their disputes at mediation and request that this Court dismiss with
prejudice all of the claims in this case asserted by SCI against BMST and Govind.  
	The Court, having considered the documents on file and the joint motion to dismiss
with prejudice claims by SCI against BMST and Govind, is of the opinion that the motion
should be granted.  See Tex. R. App. P. 42.1(a).  The joint motion to dismiss is granted,
and the appeal is hereby DISMISSED WITH PREJUDICE.  In accordance with the
agreement of the parties, costs are taxed against the party incurring same. See Tex. R.
App. P. 42.1(d).  Having dismissed the appeal at the parties' request, no motion for
rehearing will be entertained, and our mandate will issue forthwith.
	The appeal with respect to claims made by SCI against BMST and Govind is
ordered SEVERED from the remainder of the appeal.  The Clerk shall create Cause No.
13-09-00231-CV styled Southern Contracting, Inc. v. Bennett, Martin, Solka and Torno, Inc.
and Govind & Associates, Inc.  The remainder of the parties remain under this original
cause number, 13-09-00100-CV.  

							PER CURIAM
Memorandum Opinion delivered 
and filed this the 7th day of May, 2009.  
