                              NUMBER 13-07-476-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

ROBERT GAVLIK,                                                               Appellant,

                                            v.

RAYMOND BYRD,                                       Appellee.
____________________________________________________________

  On appeal from the 214th District Court of Nueces County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

                 Before Justices Yañez, Benavides, and Vela
                     Memorandum Opinion Per Curiam

       Appellant, Robert Gavlik, and appellee, Raymond Byrd, have filed a joint motion for

dismissal of this appeal. According to the joint motion, the parties have mutually resolved

all matters in controversy between them and have agreed that this cause should be

dismissed with prejudice.
       The Court, having considered the documents on file and the joint motion to dismiss

the appeal, 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.

By agreement of the parties, costs will be taxed against the party incurring same. See TEX .

R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the

appellant.").

                                                                      PER CURIAM

Memorandum Opinion delivered and
filed this the 19th day of June, 2008.




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