                          NUMBER 13-13-00352-CV

                          COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

TEXAS DESCON, L.P.,                                                     Appellant,

                                         v.

SOUTH TEXAS INDEPENDENT
SCHOOL DISTRICT,                                    Appellee.
____________________________________________________________

             On appeal from the 389th District Court
                   of Hidalgo County, Texas.
____________________________________________________________

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

      Appellant, Texas Descon, L.P., perfected an appeal from an order entered by the

389th District Court of Hidalgo County, Texas, in cause number C-0352-13-H. Appellee

has filed an unopposed motion to dismiss the appeal on grounds that the issues on
appeal are no longer in controversy because appellee has nonsuited all of its

counterclaims and the appeal is now moot.

       The Court, having considered the documents on file and appellee’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). Appellee’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.").



                                                                  PER CURIAM

Delivered and filed the
10th day of October, 2013.




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