                             NUMBER 13-09-00664-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

SOUTHERN NURSERIES, INC. AND KATHY GARFIELD,                                Appellants,

                                            v.

MARIA GUADALUPE SOLIS, ET AL.,                     Appellees.
_____________________________________________________________

              On appeal from the 93rd District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

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

       Appellants, Southern Nurseries, Inc. and Kathy Garfield, attempted to perfect an

appeal from an order entered by the 93rd District Court of Hidalgo, County, Texas, in cause

no. C-290-09-B. Appellants have filed a motion to dismiss the appeal on grounds that
there is no longer an issue in controversy. Appellants request that this Court dismiss the

appeal.

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

Costs will be taxed against appellants. 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.




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