                           NUMBER 13-09-00527-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
______________________________________________________________

CARLOS PENA,                                                             Appellant,

                                         v.

J. TODD BOYD AND RUBY BOYD,                         Appellees.
_____________________________________________________________

           On appeal from the County Court at Law No. 2
                   of Cameron County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION

               Before Justices Yañez, Rodriguez, and Garza
                    Memorandum Opinion Per Curiam

      Appellant perfected an appeal from a judgment entered by the County Court at Law

No. 2 of Cameron County, Texas, in cause number 2008-CCL-1294-B. Appellant has filed

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

dismiss the appeal with prejudice.

       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 WITH PREJUDICE. 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.



                                                  PER CURIAM

Delivered and filed
the 1st day of April, 2010.




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