                            NUMBER 13-12-00731-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

DANIEL GONZALEZ,                                                           Appellant,

                                          v.

ALLY FINANCIAL, INC. F/K/A
GMAC INC. D/B/A GMAC AND
BERT OGDEN CHEVROLET,
INC.,                                              Appellees.
____________________________________________________________

             On appeal from the 206th District Court
                   of Hidalgo County, Texas.
____________________________________________________________

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

      This appeal was abated by this Court on January 9, 2013, and the parties were

ordered to mediation. This cause is now before the Court on the parties’ joint motion to

dismiss the appeal with prejudice. The parties request that this Court dismiss this case
with prejudice to each party re-filing the same.     Accordingly, this case is hereby

REINSTATED.

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

with prejudice, 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

WITH PREJUDICE. 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. Any pending motions are dismissed

as moot.

                                               PER CURIAM

Delivered and filed the
6th day of June, 2013.




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