                            NUMBER 13-09-00272-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

LEONARD SIMMONS, ANITA SIMMONS BOSWELL,
CECIL R. SIMMONS, AND MICHAEL SCOTT,                                      Appellants,

                                           v.

ROBERT DUNKIN,                                      Appellee.
____________________________________________________________

             On appeal from the 103rd District Court
                  of Cameron County, Texas.
____________________________________________________________

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

      Appellants, Leonard Simmons, Anita Simmons Boswell, Cecil R. Simmons, and

Michael Scott, perfected an appeal from a judgment entered by the 103rd District Court of

Cameron County, Texas, in cause number 2009-02-1190-D. The parties have filed a

joint motion to dismiss the appeal on grounds that the controversy made the basis of this
cause has been settlement by agreement between the parties. The parties request that

this Court dismiss the appeal and tax costs against the party or parties by whom such

costs were incurred.

       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.

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 the parties’

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



                                                 PER CURIAM

Delivered and filed the
15th day of July, 2010.




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