                          NUMBER 13-13-00201-CV

                          COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

CREEKSTONE WALNUT,
LP, ET AL.,                                                           Appellants,

                                        v.

TERRACON CONSULTANTS, INC.
F/K/A HBC ENGINEERING, INC.,                        Appellee.
____________________________________________________________

             On appeal from the 250th District Court
                    of Travis County, Texas.
____________________________________________________________

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

      Appellants, Creekstone Walnut, LP, et al., perfected an appeal from a judgment

entered by the 250th District Court of Travis County, Texas, in cause number D-1-GN-
13-000825.1       The parties have filed a joint motion to dismiss the appeal on grounds that

all matters in controversy between them in this cause have been settled. The parties

request that this Court dismiss the appeal. The motion to dismiss does not apply to

companion cause number 13-13-00194-CV.

        The Court, having considered the documents on file and the joint motion to

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

The joint 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 the parties’ request, no

motion for rehearing will be entertained, and our mandate will issue forthwith.



                                                         PER CURIAM

Delivered and filed the
18th day of February, 2014.




        1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a

docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
(West 2005).

                                                    2
