                            NUMBER 13-14-00122-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

ALBERTO'S PRODUCE LLC,                                                      Appellant,

                                           v.

MAXIM PRODUCTION CO. INC.,                          Appellee.
____________________________________________________________

             On Appeal from the 329th District Court
                   of Wharton County, Texas.
____________________________________________________________

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

      Appellant, Alberto’s Produce LLC, filed an appeal from a judgment entered by the

329th District Court of Wharton County, Texas, in cause number 46,918. Appellant has

filed a motion to dismiss the appeal on grounds that the parties have settled and fully

satisfied the judgment in dispute. Appellant requests that this Court dismiss the appeal.
A certificate of conference was requested but not filed. More than ten days has passed

since the filing of the motion and no response has been filed by appellee.

      The Court, having considered the documents on file and appellant’s 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.     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 appellant’s request, no motion for rehearing will be

entertained, and our mandate will issue forthwith.

                                                PER CURIAM

Delivered and filed the
14th day of August, 2014.




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