                           NUMBER 13-11-00098-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

JDS CONSTRUCTION CO., INC. AND
GREAT AMERICAN INSURANCE COMPANY,                                      Appellants,

                                         v.

BORDER STATES ELECTRIC SUPPLY OF TEXAS, INC.,       Appellee.
____________________________________________________________

             On appeal from the 445th District Court
                  of Cameron County, Texas.
____________________________________________________________

                        MEMORANDUM OPINION
 Before Chief Justice Valdez and Justices Rodriguez and Benavides
                 Memorandum Opinion Per Curiam

      Appellants, JDS Construction Company, Inc. and Great American Insurance

Company, filed an appeal from a judgment entered by the 445th District Court of

Cameron County, Texas, in cause number 2009-01-0182-I. Appellants have filed a

motion to dismiss the appeal on grounds that the parties have reached an agreement to
settle and compromise their differences. Appellants request that this Court dismiss the

appeal.

       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.      Costs will be 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
21st day of April, 2011.




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