                             NUMBER 13-09-00708-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

MARTHA MCENTIRE,                                                           APPELLANT,

                                            v.

FIA CARD SERVICE, N.A., FORMERLY
KNOWN AS, BANK OF AMERICA, N.A.,                   APPELLEE.
_____________________________________________________________

                 On Appeal from the County Court
                   of Matagorda County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

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

       Appellant, Martha McEntire, perfected an appeal from a judgment entered by the

County Court of Matagorda County, Texas, in cause number 6158. The parties have filed

a joint motion for nonsuit on grounds that the appellant no longer desires to prosecute this

appeal and the parties have entered into an agreement.
       The Court, having considered the documents on file and the parties’ joint motion for

nonsuit, is of the opinion that the motion should be granted. See TEX . R. APP. P. 42.1(a).

The joint motion for nonsuit 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 the parties’

request, no motion for rehearing will be entertained, and our mandate will issue forthwith.




                                                  PER CURIAM

Delivered and filed the 11th
day of February, 2010.




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