                            NUMBER 13-08-00549-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

BANK OF SOUTH TEXAS,                                                       Appellant,

                                          v.

OFELIA A. SOLIS & JOSE H. SOLIS
D/B/A JHS COMPANY,                                 Appellees.
____________________________________________________________

             On appeal from the 275th District Court
                   of Hidalgo County, Texas.
____________________________________________________________

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

      Appellant, Bank of South Texas, perfected an appeal from a judgment entered by

the 275th District Court of Hidalgo County, Texas, in cause number C-1282-08-E.

Appellant has filed a notice of dismissal of bankruptcy filing and motion to dismiss the

appeal on grounds that the bankruptcy court has entered an order dismissing the
bankruptcy, and all matters in controversy between the parties have been resolved.

Appellant requests that this Court dismiss the appeal.

      On February 12, 2009, this Court abated the case due to the bankruptcy of one of

the parties to this appeal. See 11 U.S.C. ' 362; see generally TEX. R. APP. P. 8. On

May 7, 2010, the bankruptcy court issued an order of dismissal. Accordingly, the case is

hereby REINSTATED.

      The Court, having considered the documents on file and appellant=s 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 27th
day of August , 2010.




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