                         NUMBER 13-10-00522-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

CHARLES WILLIAM FECHNER AND
MARIE MAGDALENE FECHNER,                                                 Appellants,

                                          v.

MCCLAIN TRAILERS, INC.,                             Appellee.
____________________________________________________________

             On appeal from the 103rd District Court
                  of Cameron County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
                  Before Justices Garza, Vela, and Perkes
                    Memorandum Opinion Per Curiam

      Appellants, Charles William Fechner and Marie Magdalene Fechner, perfected an

appeal from a judgment entered by the 103rd District Court of Cameron County, Texas, in

cause number 2010-DCL-8069. The parties have filed a joint motion to dismiss appeal

on grounds that the parties have resolved the underlying lawsuit and there is no need to
proceed with the appeal because the issues are moot. The parties request that this

Court dismiss this case.

       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. Costs will

be taxed against appellants. 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
19th day of May, 2011.




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