                            NUMBER 13-10-00458-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

PAGEL DAVIS & HILL, P.C.,                                                   Appellant,

                                           v.

McALLEN CONSTRUCTION, INC.,                         Appellee.
____________________________________________________________

          On appeal from the County Court at Law No. 2
                   of Hidalgo County, Texas.
____________________________________________________________

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

       Appellant, Pagel Davis & Hill, P.C., perfected an appeal from a judgment entered

by the County Court at Law No. 2 of Hidalgo County, Texas, in cause number

CL-06-3135-B. The parties have filed a joint motion to dismiss on grounds the parties

have agreed to modify the trial court’s order. The parties request that this Court dismiss

this case.
      The Court, having considered the documents on file and the joint motion to

dismiss, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a).

The joint 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 the parties’ request, no

motion for rehearing will be entertained, and our mandate will issue forthwith.



                                                PER CURIAM

Delivered and filed the
30th day of September, 2010.




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