                          NUMBER 13-14-00632-CV

                          COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
____________________________________________________________

EWING CONSTRUCTION CO., INC.,
RODDY BLACK, AND WILLIAM EWING JR.,                                  Appellants,

                                        v.

MCM COMMERCIAL CONCRETE, INC.,                      Appellee.
____________________________________________________________

             On appeal from the 347th District Court
                   of Nueces County, Texas.
____________________________________________________________

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

      Appellants, Ewing Construction Co., Inc., Roddy Black, and William Ewing Jr.,

perfected an appeal from a judgment entered by the 347th District Court of Nueces

County, Texas, in cause number 2013DCV-3887-H. The parties have filed an agreed
motion to dismiss the appeal pursuant to an agreement to submit dispute to arbitration.

The parties request that this Court dismiss the appeal.

      The Court, having considered the documents on file and the agreed motion to

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

The agreed 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.       Any

pending motions are dismissed as moot.

                                                                     PER CURIAM

Delivered and filed the
14th day of May, 2015.




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