






NUMBER 13-09-00144-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG 

______________________________________________________________
 
CARL FRANCIS BADALICH AND 
CARL F. BADALICH & ASSOCIATES, 	Appellants,

v.

 
AMERICAN FIDELITY & LIBERTY 
INSURANCE COMPANY,	Appellee.
_____________________________________________________________

On Appeal from the 148th District Court

of Nueces County, Texas.

______________________________________________________________
 
MEMORANDUM OPINION

 
Before Chief Justice Valdez and Justices Yañez and Vela

Memorandum Opinion Per Curiam

 Appellants perfected an appeal from a judgment entered by the 148th District Court
of Nueces County, Texas, in cause number 04-7211-E.  Appellants have filed an
unopposed motion to dismiss the appeal on grounds that the appellants no longer wish to
pursue this appeal.  Appellants request that this Court dismiss the appeal.
	The Court, having considered the documents on file and appellants' unopposed
motion to dismiss the appeal, is of the opinion that the motion should be granted.  See Tex.
R. App. P. 42.1(a).  Appellants' motion to dismiss is granted, and the appeal is hereby
DISMISSED.  In accordance with the agreement of the parties, costs are taxed against the
party incurring same. 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 appellants'
request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

							PER CURIAM
Delivered and filed the
11th day of February, 2010. 
 



 
