                         NUMBER 13-14-00702-CV

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

DAVID C. MCCOY AND JUDY L. MCCOY,                                       Appellants,

                                         v.

MICHAEL MORGAN AND MICHAEL MORGAN
STATE FARM INSURANCE,                              Appellees.
____________________________________________________________

          On appeal from the County Court at Law No. 2
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

            Before Justices Benavides, Perkes, and Longoria
                   Memorandum Opinion Per Curiam

      This appeal was abated by this Court on December 10, 2014, and the parties were

ordered to mediation. This cause is now before the Court on appellants’ motion to

dismiss the appeal on grounds the parties have resolved the matter at mediation.

Appellants request that this Court dismiss the appeal. A certificate of conference was
requested but not filed. More than ten days has passed since the filing of the motion and

no response has been filed by appellees.             Accordingly, this case is hereby

REINSTATED.

       The Court, having considered the documents on file and appellants’ motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a).   Appellants’ motion to dismiss is granted, and the appeal is hereby

DISMISSED. There being no agreement in the motion regarding costs, pursuant to Rule

42.1(d) of the Texas Rules of Appellate Procedure, all costs are taxed against appellants.

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.

                                                 PER CURIAM

Delivered and filed the
5th day of February, 2015.




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