                            NUMBER 13-10-00169-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

BLUE FISH WORX, L.P.,                                                      Appellant,

                                          v.

AMERICAN EXPRESS TRAVEL RELATED
SERVICES COMPANY, INC.,                             Appellee.
____________________________________________________________

              On appeal from the 9th District Court
                 of Montgomery County, Texas.
____________________________________________________________

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

      Appellant, Blue Fish Worx, L.P., perfected an appeal from a judgment entered by

the 9th District Court of Montgomery County, Texas, in cause number 09-07-07149-CV.

The parties have filed an agreed motion to dismiss the appeal on grounds the parties

have entered into a settlement. The parties request that this Court dismiss the appeal.
       The Court, having considered the documents on file and the agreed motion to

dismiss, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a).

The agreed motion to dismiss is granted, and the appeal is hereby DISMISSED. Costs

will be taxed against appellant. 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
27th day of May, 2010.




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