                            NUMBER 13-14-00495-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

PREVAIL ENERGY INCORPORATED,                                              Appellant,

                                           v.

AEGUS OIL LLC,                                      Appellee.
____________________________________________________________

             On Appeal from the 135th District Court
                   of DeWitt County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
           Before Justices Rodriguez, Benavides, and Longoria
                    Memorandum Opinion Per Curiam

      Appellant perfected an appeal from a judgment entered by the 135th District Court

of DeWitt County, Texas, in cause number 11-06-21,923.          Appellant has filed an

unopposed motion to dismiss the appeal on grounds appellant no longer wishes to pursue

this appeal. 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 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

Delivered and filed the 9th
day of October, 2014.




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