                           NUMBER 13-18-00496-CV

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOHN WARDELL AND LOIS WARDELL,                                         Appellants,

                                         v.

HENRY GEARHART, JYLAINE GEARHART
AND ORION GEARHART,                           Appellees.
____________________________________________________________

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

                        MEMORANDUM OPINION
             Before Justices Rodriguez, Contreras, and Benavides
                 Memorandum Opinion by Justice Rodriguez

        Appellants, John Wardell and Lois Wardell, filed an appeal from a judgment

entered by the 206th District Court of Hidalgo County, Texas, in cause number C-6014-

13-D.    Appellant has filed an unopposed “Amended Motion for Non-Suit” stating
appellants no longer wish to prosecute their cause of action and requests that this Court

enter an order with prejudice for refiling.

       We construe appellants’ motion to be a motion to dismiss the appeal. The Court,

having considered the documents on file and the unopposed motion, is of the opinion that

the motion should be granted. See TEX. R. APP. P. 42.1(a). The 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 appellants’

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



                                                               NELDA V. RODRIGUEZ
                                                               Justice


Delivered and filed the 6th
day of December, 2018.




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