                           NUMBER 13-06-00499-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
______________________________________________________________

GREENGATE GROVE PROPERTY OWNERS'
ASSOCIATION, D/B/A SCOA, AND GILL KARR,
AS DIRECTOR OF GREENGATE GROVE
PROPERTY OWNERS' ASSOCIATION,                                           Appellants,

                                         v.

JURGEN SCHMELING, ET AL.,                                                Appellees.

_____________________________________________________________

             On appeal from the 206th District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION

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

      Appellants, Greengate Grove Property Owners' Association, d/b/a Scoa, and Gill

Karr, as Director of Greengate Grove Property Owners' Association, perfected an appeal
from a judgment entered by the 206th District Court of Hidalgo County, Texas, in cause

number C-564-02-D. Appellants have filed an unopposed motion to dismiss the appeal on

grounds that the parties have reached an agreement to settle and compromise their

differences. Appellants request that this Court dismiss the appeal.

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

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. Pursuant to the motion to dismiss, costs will be taxed against the party

incurring the same. 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 appellants’

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

                                                 PER CURIAM

Memorandum Opinion delivered
and filed this the 10th day of July, 2008.




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