                           NUMBER 13-10-00404-CV

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

OCEAN TOWER, L.P.,                                                        Appellant,

                                          v.

DATUM ENGINEERS, INC. F/K/A
DATUM ENGINEERING, INC.,                            Appellee.
____________________________________________________________

             On appeal from the 357th District Court
                  of Cameron County, Texas.
____________________________________________________________

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

      Appellant perfected an appeal from a judgment entered by the 357th District Court

of Cameron County, Texas, in cause number 2008-06-3619-E. Appellant has filed an

unopposed motion to dismiss the appeal on grounds that appellant no longer intends to

pursue the subject appeal. Appellant requests that this Court dismiss the appeal.
      The Court, having considered the documents on file and appellant=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). 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
31st day of August, 2010.




                                            2
