                            NUMBER 13-09-00086-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

KYLE G. STOCKTON, AS REPRESENTATIVE
OF THE ESTATE OF MARGARET
ELIZABETH BAILEY, DECEASED,                                                 Appellant,

                                          v.

CHARLES M. MORGAN, JR. AND MARY P. MORGAN,          Appellees.
_____________________________________________________________

                 On Appeal from the Probate Court
                     of Hidalgo County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Yañez and Benavides
                  Memorandum Opinion Per Curiam

      Appellant perfected an appeal from a judgment entered by the Probate Court of

Hidalgo County, Texas, in cause number P-30,028-A. Appellant has filed an agreed

motion to dismiss the appeal. Appellant requests that this Court dismiss the appeal.
       The Court, having considered the documents on file and appellant’s agreed 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

Memorandum Opinion delivered and
filed this the 9th day of July, 2009.




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