                              NUMBER 13-08-00596-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

DAVID HAJOVSKY,                                                                 Appellant,

                                             v.

COUNTY OF GONZALES,                                 Appellee.
_____________________________________________________________

              On appeal from the 25th District Court
                   of Gonzales County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

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

       This case is before the Court on an agreed/joint motion to dismiss appeal. The

parties have agreed that the trial court’s Order Granting Injunction is not a final order, and

therefore, this Court does not have appellate jurisdiction over this case at this time.

Pursuant to agreement, the parties request this Court to dismiss the appeal.
       The Court, having considered the documents on file and parties’ agreed/joint motion

to dismiss the appeal, is of the opinion that the motion should be granted. See TEX . R.

APP. P. 42.1(a). The parties’ agreed/joint 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

Memorandum Opinion delivered and
filed this the 15th day of January, 2009.




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