                            NUMBER 13-08-00452-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

EDUARDO V. RODRIGUEZ,                                                       Appellant,

                                           v.

JUAN GUAJARDO, JR., INDIVIDUALLY
AND J. GUAJARDO, JR. FARMS, INC.,                  Appellees.
____________________________________________________________

             On appeal from the 404th District Court
                  of Cameron County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION

                   Before Justices Yañez, Garza, and Vela
                     Memorandum Opinion Per Curiam

      Appellant, Eduardo V. Rodriguez, perfected an appeal from a judgment entered by

the 404th District Court of Cameron County, Texas, in cause number 2007-01-619-G.

Appellant has filed a motion to dismiss the appeal on grounds that he incorrectly filed a

Notice of Accelerated Appeal when he filed the Petition for Writ of Mandamus. Appellant
requests that Cause Number 13-08-00452-CV be dismissed, so that only the Petition for

Writ of Mandamus, Cause Number 13-08-0411-CV, remain.

       The Court, having considered the documents on file and appellant’s 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.

Absent agreement of the parties, the court will tax costs against the appellant. See TEX .

R. APP. P. 42.1(d). Having dismissed the appeal at appellant's request, no motion for

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



                                                       PER CURIAM



Memorandum Opinion delivered and
filed this the 29th day of August, 2008.




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