                            NUMBER 13-10-00028-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

DEVIN NEVILLES,                                                              Appellant,

                                           v.

GARY KANAK,                                         Appellee.
____________________________________________________________

              On appeal from the 24th District Court
                   of Jackson County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant perfected an appeal from a judgment entered by the 24th District Court

of Jackson County, Texas, in cause number 09-4-13484.            Appellant has filed an

unopposed motion to dismiss the appeal on grounds the trial court signed an order granting

appellee a non-suit with prejudice, rendering the present appeal moot. 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
25th day of February, 2010.




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