                            NUMBER 13-11-00356-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

CITY OF MCALLEN, TEXAS,                                                      Appellant,

                                           v.

MCALLEN POLICE OFFICERS UNION,                       Appellee.
____________________________________________________________

               On Appeal from the 93rd District Court
                    of Hidalgo County, Texas.
____________________________________________________________

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

      Appellant, City of McAllen, Texas, filed an appeal from a judgment entered by the

93rd District Court of Hidalgo County, Texas, in cause number C-3039-10-B. Appellant

has filed a motion to dismiss the appeal on grounds that appellees have filed a notice of

nonsuit in the trial court which has been granted, rendering this appeal moot. Appellant

requests that this Court dismiss the appeal.
      The Court, having considered the documents on file and appellant=s 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. 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 appellant=s request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.



                                               PER CURIAM

Delivered and filed the
21st day of July, 2011.




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