                            NUMBER 13-11-00022-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

DISCOVER BANK,                                                             Appellant,

                                          v.

ROSALINDA G. SALDIVAR,                              Appellee.
____________________________________________________________

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

                       MEMORANDUM OPINION
                Before Justices Benavides, Vela, and Perkes
                     Memorandum Opinion Per Curiam

      This appeal was abated by this Court on January 31, 2011, and the parties were

ordered to mediation. This cause is now before the Court on appellant=s unopposed

motion to dismiss the appeal on grounds that appellant no longer wishes to pursue this

appeal. Appellant requests that this Court dismiss the appeal. Accordingly, this case is

hereby REINSTATED.
      The Court, having considered the documents on file and appellant=s unopposed

motion to dismiss the appeal, is of the opinion that the motion should be granted. See

TEX. R. APP. P. 42.1(a). Appellant=s motion to dismiss is granted, and the appeal is

hereby DISMISSED. In accordance with the agreement of the parties, costs are 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."). Having dismissed the appeal at

appellant's request, no motion for rehearing will be entertained, and our mandate will

issue forthwith. Any pending motions are dismissed as moot.

                                                                     PER CURIAM

Delivered and filed the
7th day of July, 2011.




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