                                  NUMBER 13-08-00464-CV

                                  COURT OF APPEALS

                      THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG
______________________________________________________________

THE CITY OF TAFT, TEXAS,                                                                     Appellant,

                                                     v.

DOLORES "MOLLY" R. TOPPER,                          Appellee.
____________________________________________________________

             On appeal from the 156th District Court
                  of San Patricio County, Texas.
______________________________________________________________

                               MEMORANDUM OPINION

            Before Chief Justice Valdez and Justices Yañez and Hill1
                      Memorandum Opinion Per Curiam

        Appellant perfected an appeal from a judgment entered by the 156th District Court

of San Patricio County, Texas, in cause number S-07-5734CV-B. Appellant has filed an




        1
         Retired Justice John Hill assigned to this Court by the Chief Justice of the Suprem e Court of Texas
pursuant to the governm ent code. See T EX . G O V ’T C OD E A N N . §74.003 (Vernon 2005).
unopposed motion to dismiss the appeal. Appellant requests that this Court dismiss the

appeal.

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

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. Costs will be taxed against appellant. 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 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 31st day of August, 2009.




                                             2
