                           NUMBER 13-09-00100-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
________________________________________________________

INGRAM READYMIX, INC. AND SOUTHERN
CONTRACTING, INC. ,                                                      Appellants,

                                          v.

BENNETT, MARTIN, SOLKA AND TORNO, INC.,
GOVIND & ASSOCIATES, INC., AND
W.R. GRACE & CO.-CONN.,                                                  Appellees.

______________________________________                    ________________

              On Appeal from the 319th District Court
                    of Nueces County, Texas.
__________________________________________________________

                        MEMORANDUM OPINION

       Before Chief Justice Valdez and Justices Yañez and Benavides
                     Memorandum Opinion Per Curiam

      Appellant, Ingram Readymix, Inc., perfected an appeal from a judgment entered by

the 319th District Court of Nueces County, Texas, in cause number 08-6125-G. Appellant
has filed an unopposed motion to dismiss the appeal on grounds that the remaining parties

to this appeal have resolved their disputes. Appellant requests that this Court dismiss the

appeal.

       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 unopposed 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

appellant's request, no motion for rehearing will be entertained, and our mandate will issue

forthwith.



                                                 PER CURIAM

Memorandum Opinion delivered and
filed this the 13th day of August, 2009.




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